Kolkata Court December 1995 Judgments
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Hindustan Lever Ltd. Vs. Tata Oil Mills and Allied Companies Karmachar ...
Court: Kolkata
Decided on: Dec-14-1995
Reported in: (1996)1CALLT178(HC),1996LabIC1446,(1996)IILLJ416Cal
Basudeva Panigrahi, J.1. This is an application under Article 227 of the Constitution of India for quashing of the T.S.No. 2384/1995 pending before the Learned Judge. 7th Bench, City Civil Court, Calcutta filed by the opposite parties and also for setting aside the Order No. 3 dated July 17, 1995. The relevant facts leading to the present application are as follows:- 2. The opposite panics as the plaintiffs instituted the Title Suit No. 2384 of 1995 in the VII Court of Judge, City Civil Court, for declaration and for permanent injunction inter alia, moved for ad-interim injunction against the applicant restraining it from giving effect to and / or further effect to their scheme and/or proposal for transferring the employees to any places where their is no registered office and restraining it from interfering with the existing service conditions of the employees of the applicant Company M/s. Hindustan Lever Ltd. There was unusual slump in the business of the opposite party No. 1 Tata Oi...
Sri Haradhan Chandra Das Vs. Madhusudan Das and anr.
Court: Kolkata
Decided on: Dec-14-1995
Reported in: (1996)1CALLT326(HC),100CWN152
Basudeva Panigrahi, J.1. In this revisional application the validity, legality and the propriety of the order dated 8th July 1991 passed by the collector under the W. B. Act, XXIII of 1973 in R.A.L.A. Case No. 128 of 1990 is called in question. 2. Petitioners are admittedly said to have purchased 15 decimals of lands in plot No. 1071, Plot No. 1071/2431 and Plot No. 1071/2432 of Mouza -- Bar Bajitpur under Sutahata Police Station. It is claimed by the petitioners that following the execution and registration of sale deed they have been in possession of the suit land. The opposite parties 1 and 2 made an application under Section 4 of the West Bengal Restoration Alienated land Act, 1973 for restoration of the lands. The said application was contested by the petitioner. On 29th July, 1985 the Special officer and the J.L.R.O. passed an order in R.A.L. Case No. 314/2 of 1979-80 directing inter alia restoration of the lands in question to the opposite parties 1 and 2. The petitioners being ...
Dilip Kumar Dey Vs. the State of West Bengal
Court: Kolkata
Decided on: Dec-14-1995
Reported in: (1996)1CALLT307(HC)
Rabin Bhattacharyya, J.1. The petitioner has initiated the instant writ application for mandamus commanding the respondent to set aside, rescind or withdraw the annexure-J dated 19.6.95, certiorari, Rule NISI, injunction and for other consequential reliefs. 2. The gravamen of the allegations which generated the initiation of the writ application is that the petitioner was a lawful tenant at Flat No. 0/2 Maniktala Govt. Housing Estate, saddled with obligations to fulfil the conditions. The rent, as determined, according to the terms of the tenancy, was for sum of Rs. 235/- payable per month inclusive of occupier's share of taxes and external service charges bereft of payment of electricity charges. 3. The petitioner, in due performance of the agreement, continued in possession. With the passage of time, the petitioner applied for withdrawal of joint membership of Iswarchandra Vidyasagar Samabay Niwas Ltd. a different housing at Bagmari which was acceeded to by the respondent opposite pa...
Ajoy Narayan Ghosh Vs. Feroz Alam
Court: Kolkata
Decided on: Dec-14-1995
Reported in: (1996)2CALLT99(HC)
Basudeva Panigrahi, J.1. This revision is directed against an order passed by the 3rd Court of the Assistant District Judge, Alipore in affirming the order passed by the 2nd Court of Additional Munsif at Alipore in T.S.83 of 1987 directing both the parties to maintain status-quo over the suit land.2. The suit property formed part and parcel of the Wakf Estate of one Sahib Zabi Azhar alias Zahura Begum, wife of Tipu Sultan of Mysore on the basis of Wakfnama dated 24th Baisakh, 1255 B.S.corresponding to 5.5.1848. In or about 1881 one Jahanara Begum then a minor was the Mutwalll for the trust property. The learned District Judge, 24-Parganas appointed one Anukul Chandra Chatterjee, who was the Court officer as Receiver of the Wakf Estate. The Receiver granted a lease of a portion of the Wakf Estate for a period of 30 years that is from 1.8.1912 till 1.8.1942 in favour of Charu Chandra Ghosh. During the continuance of the lease the lessee Charu Chandra Ghose is said to have inducted monthl...
Sunirmal Roy Chowdhury Vs. Life Insurance Corporation of India and ors ...
Court: Kolkata
Decided on: Dec-11-1995
Reported in: [1996(73)FLR1436],(1997)IIILLJ892Cal
Gitesh Ranjan Bhattacharjee, J.1. In this writ petition the petitioner has challenged the order of his retirement dated March 16, 1994 Annexure-C to the writ petition by which the petitioner was retired from service of the Life Insurance Corporation of India (L. I .C. or Corporation, for short) with effect from that date on completion of the age of 58 years and odd days. On that day the petitioner was serving as a Class-1 category employee of the Life Insurance Corporation of India. The petitioner's contention is that he, being a 'transferred employee', is entitled to retire on completion of 60 years of age under Clause (1) of Regulation 19 of the Life Insurance Corporation of India (Staff) Regulations, 1960 (Staff Regulations, for short) whereasthe case of the respondent Life Insurance Corporation of India is that the petitioner has to retire on completion of 58 years of age under Clause (2) of the said Regulation 19. The petitioner's contention is that initially he was appointed as a...
Bishnoi K.K. Vs. Employees' State Insurance Corporation
Court: Kolkata
Decided on: Dec-11-1995
Reported in: (1995)IIILLJ865Cal
Suryakumar Tiwari, J.1. This petition under Section 482 Cr.P.C. has been filed for quashing the prosecution in Case No. C/ 3655 of 1982.2. Admittedly the petitioner is a Director of the company known as 'M/s. Aluminium .' A complaint has been filed in the Court below by Employees' State Insurance Corporation through its Inspector alleging that the management of the company has not deposited contribution of the Employees' Provident Fund (Employees' State Insurance) (sic) for certain months.3. The contention of the petitioner is that he is not one of those persons who is responsible for managing the financial affairs of the company being a nominee of the I.R.C.I. Hence he cannot be prosecuted for the alleged default. Hence the prosecution launched against him is bad in law.4. The Supreme Court in case of Employees' 'State Insurance Corporation v. Gurdial Singh and Ors. (1991-II-LLJ-425) has laid down that where the company has a factory and the occupier of the factory had been duly named...
Smt. Sipra Majumdar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-11-1995
Reported in: (1996)2CALLT58(HC),100CWN248
Arun Kumar Dutta, J.1. The Petitioners, Respondents Nos. 1 to 3 and 4 and Respondents Nos. 7 and 8 are represented by their respective learned Advocates, who have been heard quite at length.2. By this writ application under Article 226 of the Constitution of India, the writ petitioner Smt.Sipra Majumdar (hereinafter as the petitioner) has prayed the Court for issue of 'a Writ in the nature of Mandamus commanding the Respondents, their agents, servants and subordinates to cancel and/or revoke and/or rescind the order passed by the Respondent Nos. 2 and 3 in granting the Registration Certificate in the name of the Respondent No. 8 and further to stay operation of the Certificate issued in the name of the Respondent No. 8', along with the other reliefs prayed for therein for the reasons stated and on the grounds made out therein.3. Upon hearing the submissions of the learned Advocates for the contending parties and perusal of the materials on record it appears that the petitioner had purc...
Hindusthan Lever Limited Vs. Tata Oil Mills and Allied Companies Karma ...
Court: Kolkata
Decided on: Dec-10-1995
Reported in: [1996(73)FLR1154],(1997)IIILLJ685Cal
Basudeva Panigrahi, J.1.This is an application under Article 227 of the Constitution of India for quashing of the Title Suit No. 2384 of 1995 pending before the Learned Judge, 7th Bench, City Civil Court, Calcutta filed by the opposite parties and also for setting aside the Order No. 3 dated July 17, 1995. The relevant facts leading to the present application are as follows :2. The opposite parties as the plaintiffs instituted the Title Suit No. 2384 of 1995 in the VII Court of Judge, City Civil Court, for declaration and for permanent injunction and inter alia, moved for ad-interim injunction against the applicant restraining it for giving effect to and/ or further effect to their scheme and/or proposal for transferring the employees to any places where there is no registered office and restraining it from interferring with the existing service conditions of the employees of the applicant Company M/s. Hindusthan Lever Ltd. There was unusual slump in the business of the opposite party ...
Ajit Kumar Biswas Vs. State of West Bengal and Others
Court: Kolkata
Decided on: Dec-08-1995
Reported in: AIR1996Cal166
ORDER1. This writ petition is directed against the action taken by the President of the West Bengal Board of Secondary Education (Board, for short) in respect of the Management of Bapujinagar High School. The Managing Committee of the said school was constituted on 24th February, 1992 with the writ petitioner Nos. 1, 2 and 3 as its President, Vice President and Secretary respectively and other writ petitioners as its members. By an order of the President of the West Bengal Board of Secondary Education dated 5-5-1995 as conveyed to the Head Master of the said school by the Secretary of the Board under his letter dated 15-5-1995, annexure-E to the affidavit-in-opposition affirmed on behalf of the respondent Nos. 4,5 and 6, an Ad hoc Committee was appointed for the management of the said school for a period till 4-5-1996 or till the reconstitution of the Managing Committee or until further order whichever would be earlier. The Assistant Inspector of Schools, Ranaghat Sub-division has been...
Subrata Guha Sarkar and ors. Vs. Second Labour Court and ors.
Court: Kolkata
Decided on: Dec-08-1995
Reported in: 100CWN182,[1996(73)FLR992],(1996)IILLJ116Cal
Nikhil Nath Bhattacharhee, J. 1. In this writ application under Article 226 ofthe Constitution of India the question that fallsfor determination is whether a labour court in a computation case has the inherent power to review its own reviewed judgment after lapse of two hundred and seventy seven days. The facts leading to the present application, which undoubtedly portray how justice delivery system can be made a mockery are as follows. 2. Surendra Nath Guha Sarkar was a workman under M/s. B.K. Saha & Bros. Private Ltd. The said Private Limited Company was converted into a Limited Company by operation of law and was added as a party in the industrial reference case before the first Industrial Tribunal, Calcutta - and is respondent No. 2 herein. The writ petitioners are the heirs and legal representatives of Surendra Nath Sarkar who worked under the said company since July 3, 1953. The said employer served a notice dated May 15, 1976 addressed to all his employees including S.N. Guha Sa...
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