Jharkhand Court April 2009 Judgments
Dr. Violet Kerketta Vs. the Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Apr-30-2009
Reported in: 2009(57)BLJR2486
D.N. Patel, J.1. If wishes are horses, beggars would have ride. The present petition has been preferred for enhancement of age of superannuation from 62 years to 65 years. In that expectation, this petition has been preferred on the last date of retirement of the present petitioner.2. Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this petition mainly for the following facts and reasons:(i) It appears that the present petitioner is going to retire today (April 30, 2009) upon attaining the age of superannuation i.e. 62 years. As on today, the age of superannuation of petitioner under the rules, is 62 years, but, it is vehemently submitted by learned Counsel for the petitioner that there are several letters written by the Central Government, by University Grant Commission, by Ministry of Agriculture Department as stated in the various annexures that they all are requesting the State Government to increa...
Tag this Judgment!Employers in Relation to the Management of Katras Choitudih Colliery o ...
Court: Jharkhand
Decided on: Apr-30-2009
Reported in: 2009(57)BLJR2448
D.N. Patel, J.1. The present petition has been preferred under Article 226 and 227 of the Constitution of India against an award, passed by the Central Government Industrial Tribunal No. I, Dhanbad, in Reference No. 8 of 1995 dated August 16, 2002 (Annexure 3 to the memo of present petition), whereby, it has been held by the Industrial Tribunal that the services of the members of respondent No. 2 Union are to be regularized.2. The members of respondent No. 2 Union were engaged in repairing work of the iron tubs in a coal mining of the petitioner (public sector undertaking) where the main activity was never repairing of tubs but excavating the coal.3. I have heard learned Counsel appearing for the petitioner, who has vehemently submitted that the Industrial Tribunal has lost sight of the fact that the petitioner, which is a public sector undertaking, is engaged in coal mining and its main activity is to excavate the coal and incidentally if the tubs, which are carrying raw coals from mi...
Tag this Judgment!Dharma Nath Das Vs. Steel Authority of India Limited and ors.
Court: Jharkhand
Decided on: Apr-30-2009
Reported in: 2009(57)BLJR2440
D.G.R. Patnaik, J.1. Heard Sri A.K. Sahani, learned Counsel, for the petitioner and Sri J. Mishra, learned Counsel for the respondents and with their consent, this application is taken up for hearing and disposal at the stage of admission.2. The petitioner in this case has challenged the order dated 11.08.2004 and 18.08.2004 (Annexure - 11 and 11/1 respectively) whereby he was dismissed from service with immediate effect. Besides praying for quashing the impugned order of termination, the petitioner has also prayed for a direction upon the respondents to re-instate the petitioner in service with consequential as well as monetary benefits for the specified period.It is informed by the learned Counsel for the petitioner that during the pendency of this writ application, the petitioner has already arrived at the age of his superannuation on 02.02.2009.3. Facts of the petitioner's case in brief are that he was appointed on 31.07.1972 to the post of Storeman under the respondent B.S.L. In h...
Tag this Judgment!Hindya Dhan Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Apr-30-2009
Reported in: 2009(57)BLJR2470
Ajit Kumar Sinha, J.1. In the instant writ petition the petitioner prays for issuance of an appropriate writ, order or direction from this Hon'ble Court for quashing the office order No. 383, dated 3.11.2003 issued under the signature of General Manager-cum-Chief Engineer, Electrical Supply Area, Jharkhand State Electricity Board, Ranchi whereby and whereunder after retirement of the petitioner the promotion order of the petitioner has been cancelled with retrospective effect and the petitioner has been given to sanction retirement benefit and further order has been passed for recovery of the salary received as head Clerk up to date of retirement.2. The facts, in brief, are set out as under:The petitioner joined the services of the Board on 27.5.1996 as Corresponding Clerk and retired on 31.10.2002 as Head Clerk. Till date of retirement there was no departmental proceedings pending against the petitioner and he was receiving the salary in the pay scale of Rs. 5530-18-6970-225-11020/- a...
Tag this Judgment!Md. Azad Hussain, Vs. State of Jharkhand and YasmIn Khatoon
Court: Jharkhand
Decided on: Apr-29-2009
Reported in: 2009(57)BLJR2418
D.K. Sinha, J.1. Present criminal revision is directed against the judgment of conviction under Section 498A of the Indian Penal Code and order of sentence passed against the petitioners, whereby each of them has been sentenced to undergo simple imprisonment for six months and fine of Rs. 1,000/- with default stipulation, passed by the S.D.J.M., Hazaribag on 10.8.1995 in T.R. No. 506 of 2005 arising out of Hazaribag (Sadar) P.S. Case No. 14 of 2002 and the judgment passed in Cr. Appeal No. 139 of 2005 on 17.5.2006, upholding the conviction and sentence of the petitioners by the Additional Sessions Judge, F.T.C.-III, Hazaribag.2. Fact of the case, in short, giving rise to the present revision is that the Complainant-Opposite Party No. 2 Yasmin Khatoon filed a Complaint Case No. 986 of 2001 on 3.11.2001 before the C.J.M., Hazaribag which was referred under Section 156(3) of the Code of Criminal Procedure giving rise to Hazaribag (Sadar) P.S. Case No. 14 of 2002 registered on 8.1.2002 for...
Tag this Judgment!Employers in Relation to the Management of Tetulmari Colliery Under Si ...
Court: Jharkhand
Decided on: Apr-28-2009
Reported in: 2009(57)BLJR2431
ORDERAjit Kumar Sinha, J.1. In the instant writ petition the petitioner prays for issuance of an appropriate writ in the nature of Certiorari or any other appropriate writ for quashing the Award of the Central Government Industrial Tribunal No. 1, Dhanbad dated 9.12.2003 in Ref. No. 37/91 whereby and whereunder the said reference has been answered in favour of the concerned workman with a direction to reinstate the concerned workman with full back wages and all other consequential benefits. The petitioner further prays for quashing the Office memorandum dated 22.11.1990 of the respondent No. 3 by reasons whereof the dispute although not being an industrial disputes was referred for adjudication to the Industrial Tribunal.2. The facts, in brief, are set out as under:A Land Acquisition Case No. 88/1978-79 was initiated under the Land Acquisition Act for acquisition of about 6.05 acres of land in plot No. 3669 and 3672 in village Bauakalan. Sri Gulam Rasul, Iltaf, Ramjan and Maksuddin s/o...
Tag this Judgment!Lal Ranjan Nath Shahdeo Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Apr-28-2009
Reported in: 2009(57)BLJR2414
Jaya Roy, J.1. The petitioner has filed the present revision application for setting aside the order dated 21.01.2009 passed by the learned Additional District Judge, Fast Track Court-IInd, Latehar in Sessions Trial No. 303 of 2001, G.R. Case No. 201 of 2000, whereby, the learned court below has allowed the petition under Section 311 of the Code of Criminal Procedure filed on behalf of the prosecution.2. The petitioner case in brief is that a case has been registered under Section 25(1-b), 26, 35 of the Arms Act, Sections 4/5 of the Explosive Substance Act and Section 4 of the wild Life Protection Act against the petitioner and others i.e. Chandwa P.S. Case No. 38 of 2000. After submission of the charge sheet, the case was committed to the Court of Sessions. Thereafter, during the trial after examination the prosecution witnesses, the statements of the petitioner was also recorded under Section 313 of the Cr.P.C and after conclusion of the argument on behalf of the prosecution, the pro...
Tag this Judgment!M.Y. Khan Vs. Tata Engineering and Locomotive Company Ltd.
Court: Jharkhand
Decided on: Apr-28-2009
Reported in: 2009(57)BLJR2491
D.N. Patel, J.1. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India against an award passed by the learned Labour Court, Jamshedpur dated 28th August, 2002 in Reference Case No. 08 of 1989, whereby the reference was dismissed and the action initiated by the Management for dismissal of the present petitioner for misconduct was upheld.2. Learned Counsel for the petitioner has vehemently submitted that the quantum of punishment awarded by the Management is disproportionate, looking to the nature of the misconduct. It is unreasonably excessive, looking to the charge-sheet, which is at Annexure-2 to the memo of the present petition. Highest allegation levelled against the present petitioner is, use of abusive language and therefore, the services of the present petitioner has been terminated upon holding an enquiry. It is submitted by the learned Counsel for the petitioner that the language alleged to have been used by the petitioner, canno...
Tag this Judgment!Malti Mahato and ors. Vs. Sanjay Kumar Dey and anr.
Court: Jharkhand
Decided on: Apr-28-2009
Reported in: 2009(57)BLJR2416
1. Heard the learned Counsel appearing for the parties.2. This appeal by the claimants-appellants is for enhancement of compensation awarded by the Motor Accident Claims Tribunal Saraikeila in Compensation Case No. 44 of 2003. The claimants, who are the widow and two minor sons, filed Compensation case for grant of compensation to the tune of Rs. 3,00,000/- for the death of deceased, Surendra Mahto, who died in a motor vehicle accident.3. The undisputed facts are that on 25.09.2002 the deceased boarded the bus for going to Adityapur to attend his job. But due of rash and negligent driving of the bus the accident took place and the deceased died. According to the claimants the deceased was 30 years old but according to the Post Mortem report the age of the deceased was 32 years. The Tribunal taking the notional income assessed compensation at Rs. 1,77,000/-. For better appreciation the reason assigned by the Tribunal for taking the notional income is reproduced herein below:Now the ques...
Tag this Judgment!National Insurance Co. Ltd. and ors. Vs. Smt. Sanjori Devi
Court: Jharkhand
Decided on: Apr-28-2009
Reported in: AIR2009Jhar157
ORDERAjit Kumar Sinha, J.1. In the instant writ petition the petitioner prays for issuance of a writ of certiorari or any other appropriate writ, order or direction for quashing/setting aside of the Award dated 12-12-2006 passed by the Permanent Lok Adalat, Dhanbad in exercise of its power under the Legal Services Authority Act, 1987 through which he has directed the petitioner to pay Rs. 5,00,000/-with interest @ 9% to the respondent No. 1.2. The facts, in brief, are set out as under : The respondent herein filed a claim application for payment of the sum assured to the extent of Rs. 5,00,000/- on account of death of Dhananjay Kumar Singh who was covered under personal accident policy with the petitioner. However, the petitioner authority disputed the claim on the ground that no supporting document regarding specific cause of death was enclosed and accordingly repudiated the claim vide its letter dated 23-11-2004. The respondent herein filed the claim against the aforesaid order befor...
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