Kolkata Court July 1988 Judgments
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Sambhu Nath Agarwal and Anr. Vs. Employees' State Insurance Corporatio ...
Court: Kolkata
Decided on: Jul-01-1988
Reported in: [1989]66CompCas111(Cal),93CWN69,(1990)IILLJ100Cal
A.C. Sengupta, J.1. This is an application by Sambhu Nath Agarwal and Bijoy Kumar Agarwal for issuance of a rule for showing cause as to why the impugned Criminal Case No. 8C-1048 of 1988 pending before the Additional Chief Judicial Magistrate, Sealdah, should not be quashed. The rule was issued in the year 1982 by Mr. Justice Amitava Dutt. An ad interim stay of further proceedings was also granted. Thereafter, the matter was heard by Mr. Justice J.N. Chowdhury. Judgment was reserved on 16th November, 1984. Thereafter, it was referred to the Division Bench.2. Sankar Bhattacharyya, an Insurance Inspector in the Employees' State Insurence Corporation, filed a complaint under Section 406 of the Indian Penal Code before the Chief Judicial Magistrate, Sealdah, against the petitioners on the allegation that the petitioners being the partners of National Engineering Works were the principal employers of the factory. Upon inspection of salary registers and other records of the factory, it tran...
A.L. Goel Vs. Punjab National Bank and ors.
Court: Kolkata
Decided on: Jul-01-1988
Reported in: (1988)2CALLT210(HC),93CWN59
Umesh Chandra Banerjee, J.1. The focal point for consideration in this matter is the order of premature retirement issued against the petitioner.2. Dr. Mukherjee appearing in support of the petition challenged the order of premature retirement on three (3) counts namely :-(i) Violation of natural justice;(ii) Order of premature retirement amounts to a stigma in the service record of the petitioner consequently a penalty and(iii) Order of premature retirement shows bias and mala fide.3. Apart from the three counts noted above, Dr. Mukherjee also contended that Regulation 19 is violative of Article 14 & 16 of the Constitution being arbitrary and by reason of confirment of unguided powers onto the authority.4. Before dealing with the three counts, however, and turning onto the last noted contention first it is to be noted that apart from a bare statement, there is no other material or facts in support of the same in this petition, neither there is any prayer to that effect. While it is tr...
Corrugating and Paper Processing Company (P) Ltd. Vs. Collector of C. ...
Court: Kolkata
Decided on: Jul-01-1988
Reported in: 1988(17)ECC285,1989(20)LC495(Calcutta),1989(39)ELT35(Cal)
Susanta Chatterji, J.1. The present Rule was issued on 30- 7-1985 at the instance of the writ petitioners Corrugating & Paper Processing Company (P) Ltd. and its Director, praying, inter alia, for a declaration that Section 11-B of the Central Excises and Salt Act, 1944 is ultra vires, for issuance of a writ of certiorari to quash and/or set aside the order/decision dated 16.6.1984 issued by the respondent No. 2, the Assistant Collector of Central Excise, Calcutta XIV Division, Calcutta and the impugned order in Appeal dated 23-2-1985 passed by the respondent No. 1, Collector of Central Excise (Appeals), Calcutta and for consequential order to refund the sum of Rs. 2.40 lakhs collected from the petitioners in excess of the central excise duty during the year 1981-82 and/or a direction upon the respondents to consider the petitioners' representation dated 7-4-1984 for refund of the amount paid in excess in the light of exemption notification No. 105/80-CE dated 19-6-1980 as amended and ...
Non-Govt. School Pensioners' Association and Anr. Vs. State of West Be ...
Court: Kolkata
Decided on: Jul-01-1988
Reported in: (1989)ILLJ388Cal
Ajit Kumar Sengupta, J.1. The petitioner is a registered body of the retired teachers and non-teaching staff of the Non-Government Schools. The Petitioner No. 2 is the General Secretary of the Petitioner No. 1.2. The State Government by a Memorandum No. 2156-Edn(s)I-E-14/67 dated 20th September 1967 framed a Scheme known as 'Recognised Non-Government Secondary Institution Pension Rules'. These Rules apply to permanent employees (both teaching and non-teaching) serving in a recognised Non-Government Secondary Institution participating in the Grant-in-Aid Scheme. These Rules came into force on and from 1st April, 1966. Terminal benefits include Contributory Provident Fund with employers' contribution at the rate of 6 1/2 % of basic pay and pension (including Special Pay, if any) for every completed year of service upto a maximum of 30/120th of the pay. This rate is much below the rate granted to the Government School pensioners being 33/80 of such average pay.3. According to the petition...
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