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Kolkata Court April 1999 Judgments

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Apr 01 1999

Raj Kapoor Ram Vs. South Bengal State Transport Corporation and anr.

Court: Kolkata

Decided on: Apr-01-1999

Reported in: (1999)2CALLT255(HC),[2000(84)FLR664],(2000)IILLJ246Cal

A. Lala, J. 1. The writ petitioner, while performing his duty as Conductor of a vehicle No. WB-39/2140 on the route of Durgapur to Digha under the South Bengal State Transport Corporation levelled with following three charges :(a) Allowing intentionally 3 (three) passengers to travel in his bus without any ticket; (b) Excess amount of Rs. 132.10 was found in the collection bag; (c) Careless and negligent while performing his duty.2. On the basis of such charges an Enquiry Officer was appointed and it appears the enquiry report was submitted by 16th September, 1997.3. The petitioner made this writ petition claiming, inter alia, writ of mandamus to cancel, rescind, revoke the purported charge-sheet dated 31st March, 1997 and the enquiry proceeding conducted by the Enquiry Officer and not to give any effect or further effect to the final order of punishment, if passed, etc.4. The petitioner, in fact, averted that petitioner has not been supplied a copy of the enquiry report nor any second...


Apr 01 1999

Employees' State Insurance Corporation Vs. Mackintosh Burn Ltd. and An ...

Court: Kolkata

Decided on: Apr-01-1999

Reported in: (2000)ILLJ155Cal

B. Bhattacharya, J. 1. This revisional application under Article 227 of the Constitution of India is at the instance of Employees' State Insurance Corporation and is directed against Order No. 3 dated March 10, 1998 and Order No. 8 dated April 2, 1998, passed by the learned Judge, Employees' Insurance Court, Calcutta, in Tender Case No. 7 of 1998.By the first order, the learned trial Judge entertained an application under Section 75(2B) of the Employees' State Insurance Act, 1948 (Act), filed by opposite parry 1 by directing opposite party 1 to deposit a sum of Rs. 15,499/-with the petitioner and restrained the petitioner from proceedings further or from giving effect to the disputed demand notice till the disposal of the aforesaid Tender Case No. 7 of 1998.2. By second order, viz., Order No. 8 dated April 2, 1998, the learned trial Judge passed a direction upon the petitioner to show cause why action should not be taken against the petitioner for non-compliance of the previous order o...


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