Kolkata Court July 2002 Judgments
General Secretary, A.P.B.L. Contractor Employees' Union and Anr. Vs. S ...
Court: Kolkata
Decided on: Jul-24-2002
Reported in: [2003(96)FLR1178],(2003)IILLJ229Cal
Amitava Lala, J.1. It appears that a notice dated March 26, 2002, has been challenged before this Court whereunder the Labour Department, Government of West Bengal, informed the company that it has got the exemption from the provisions of the Employees' State Insurance Act and Rules upto March 31, 2000. Such exemption will not be continued from April 1, 2002. In effect, the Employees' State Insurance Scheme will be applicable to the employees under the Act on and from April 1, 2002. The petitioners made this writ petition for the purpose of interpretation of the memorandum of settlement arrived at before the conciliation officer and the Deputy Labour Commissioner, Government of West Bengal, dated November 22, 1995. Precisely, they have taken the scope to the Clause 11 of the terms and conditions of such settlement which provides for duration of limit. The relevant portion of such agreement is quoted hereunder:'Save as otherwise specified hereinbefore, this settlement shall come into fo...
Tag this Judgment!Bijoli Bhattacharya Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-24-2002
Reported in: 2004(3)CHN169
1. We have heard the learned Counsel, for the parties.This appeal is directed against an order passed by the learned Single Judge dated 30th April, 2001, whereby the learned Single Judge dismissed the writ petition.2. Brief facts, which are necessary for disposal, are that a scheme was made by the State Government for providing pensionary benefits to the teachers who are Provident Fund holders. The option was to be exercised within a period of 90 days from the date of issue of the memo. But the petitioner could not give the option within the time so framed. Therefore she filed an earlier writ petition being W. P. 21592(W) of 1999 which came to be disposed of by the learned Single Judge on 15.12.2000 and on that writ petition, a direction was given by the learned Single Judge to the Director of School Education, West Bengal to decide the pleas of the petitioner and to dispose of the matter in accordance with law. Thereafter, Director of School Education, West Bengal, by the impugned ord...
Tag this Judgment!Ashutosh Banerjee Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Kolkata
Decided on: Jul-23-2002
Reported in: (2004)(1)SLJ105CAT
1. The applicant, who is a retired Station Master, Bandel, under the Divisional Railway Manager, Eastern Railway, Howrah, has filed this application under Section 19 of the Administrative Tribunals Act, 1985, mainly for a direction to the respondents to refund him a sum of Rs. 23,508/-, which was recovered from his towards overpayment which accrued w.e.f. 1.1.84, by deducting the amount from his DCRG and for a further direction for fixation of his pay according to the last actual pay drawn on the date of retirement.2. The applicant's contention is that while he was working as Station Master vide office order dt. 25.2.87/6.4.87, his pay was fixed at Rs. 600/- from 1.1.84, Rs. 620/- from 1.1.85 and Rs. 640/- from 1.1.86 in the scale of Rs. 425-640/- (RS) with effect from 14.2.84 and 26.3.84 against released vacancies due to restructuring when he was working as Asst. Station Master and accordingly, the applicant received his salary from time to time on the basis of that pay fixation. Vid...
Tag this Judgment!Smt. Purnima Bagaria Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Jul-22-2002
Reported in: AIR2002Cal284
ORDERBhaskar Bhattacharya, J.1. By this writ application the writ petitioner, a lessee of 3rd degree in respect of the premises in question has prayed for direction upon the Calcutta Municipal authorities to withdraw the assessment of annual valuation of the property commencing 4th quarter of 1999-2000 and not to give effect to the consolidated rate bills issued on the basis of such valuation. The writ petitioner has further prayed for restraining the respondents from taking recourse to any distress proceedings in order to recover the aforesaid demand on the basis of annual valuation so assessed.2. The following facts are not in dispute.3. The respondent No. 7, M/s. Stephen Court Limited, is a lessee of Premises No. 18G. Park Street, Calcutta-700 016 under the Official Trustees of the West Bengal, the respondent No. 6 herein who are Trustees of the said property on behalf of the Trust Estate of P.C.E. Paul. The respondent No. 7 let out a portion of the ground floor of Premises No. 18G,...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Sri Panchanan Roy
Court: Kolkata
Decided on: Jul-19-2002
Reported in: (2003)1CALLT433(HC),(2003)IILLJ1072Cal
A.K. Mathur, C.J. 1. This is an appeal directed against the Order passed by a learned single Judge dated 9th August, 2001 in C. O. No. 10081 (W) of 1996 whereby the learned single Judge has allowed the writ petition and set aside the enquiry report, the order of punishment by the disciplinary authority as well as the order passed by the appellate authority confirming the order of the disciplinary authority. The learned single Judge, however, left open for the disciplinary authority to pass final order in accordance with law after completion of necessary enquiry upon examination of witnesses as intended by the petitioner. Aggrieved against this order the present Appeal has been filed by Union of India.2. Brief facts which are necessary for disposal of this Appeal are that the petitioner was serving as a Head Constable in the Central Industrial Security Force in Farakka Barrage Project Unit (for short CISF). The incumbent was served with a Charge sheet and 5 charges were framed against h...
Tag this Judgment!Supreme Paper Mills Limited Vs. Assistant Commissioner, Commercial Tax ...
Court: Kolkata
Decided on: Jul-19-2002
Reported in: (2003)1CALLT446(HC)
S.P. Talukdar, J.1. The petitioner viz. Supreme Paper Mills Ltd. Filed an application under Section 8 of the West Bengal Taxation Tribunal Act, 1987, before the West Bengal Taxation Tribunal, hereinafter referred to as'The Tribunal'. It was the case of the petitioner that the petitioner company was carrying on business of manufacturing various types of papers at its paper mill situated at village Raninagar, Chakdah, Dist. Nadia. It had challenged the notice under Section 11E(2) of the Bengal Finance (Sales Tax) Act, 1941, for reopening of deemed assessment for the period from 1st January, 1989 to 31st March, 1989. Petitioner also filed three separate applications being registered as RN-204, RN-205 and RN-206 of 1999 apart from RN-203 of 1999 challenging respective notices in each case under Section 9A(2) of the West Bengal Sales Tax Act, 1954. All the four cases, as referred to, arose out of the similar set of circumstances though related to different periods. The Tribunal heard all th...
Tag this Judgment!C. Mackertich Ltd. Vs. Custodian
Court: Kolkata
Decided on: Jul-19-2002
Reported in: [2003]46SCL220(Cal)
ORDERAshok Kumar Mathur, CJ 1. Both these appeals arise out of judgment and order dated 29-1-2002 whereby the learned Single Judge has dismissed the writ petition and held that the petitioner has an alternative remedy under the statute by approaching the Special Court constituted under Special Court (Trial of Offenses Relating to Transactions in Securities) Act, 1992 (hereinafter referred to as Act of 1992). It was further held that the Stock Exchange is a 'State' within the meaning of Article 12 of the Constitution, therefore, the writ petition is maintainable. Aggrieved against this order dated 29-1-2002 appeal has been filed by the writ petitioner as well as by the Calcutta Stock Exchange Association Limited. Hence, both the appeals are disposed of by a common order.2. Brief facts which are necessary for disposal of these appeals are that the writ petitioners, M/s. C. Mackertich Limited, a company incorporated under the Companies Act, 1956, and one Vijay Kumar Kothari, Director and ...
Tag this Judgment!West Bengal Housing Board Vs. Satellite Construction and anr.
Court: Kolkata
Decided on: Jul-18-2002
Reported in: (2002)3CALLT511(HC)
N.C. Sil, J.1. This is to consider an application under Article 227 of the Constitution of India arising out of the order dated 27.03.2002 passed by Sri Udayan Mukherjee, learned Civil Judge, Senior Division, Durgapur in connection with Miscellaneous Case No. 3 of 2001.2. Mr. Dipak Basu, learned counsel appearing for the petitioner submits before me that on consent of both the parties arbitration proceeding was extended from time to time upto 7.12.2000. But thereafter the petitioner did not participate in the arbitral proceeding as the term of arbitration had since expired. Mr. Basu has also argued before me that after filing the present petition under Article 227 of the Constitution of India the petitioner obtained an order of stay of all further proceedings of the case pending before the learned Civil Judge, Senior Division, Durgapur. Mr. Basu has also drawn my attention to the prayers in the Miscellaneous Case before the learned Civil Judge, Senior Division, Durgapur. In the said ca...
Tag this Judgment!Shyam Kunj Occupants' Society and Anr. Vs. Co-operative Society and Bu ...
Court: Kolkata
Decided on: Jul-18-2002
Reported in: (2004)IIILLJ808Cal
Ashok Kumar Mathur, C.J.1. This appeal is directed against an order passed by learned single Judge dated March 26, 1999 affirming his earlier order dated May 11, 1998. The learned single Judge dismissed the writ petition on March 26, 1999 with the finding recorded by him on May 11, 1998.2. The learned single Judge passed the order dated March 26, 1999 holding that in view of the decision given by the Apex Court - in the case of Coir Board, Ernakulam, Cochin & Anr. v. Indira Devi P. S. & Ors. reported in : [1998]2SCR87 , there is no merit in the writ petition and dismissed it.3. Brief facts, which are necessary for disposal of this appeal are that the respondents claim themselves to be workmen and raised industrial dispute alleging that they are workmen under the appellants. Therefore, they are workmen under the appellants and are entitled to relief for their service benefits. A reference was made by the Government to the Industrial Tribunal and the Tribunal answered the question in fav...
Tag this Judgment!Bharat Traders (Agency) Vs. Deputy Commissioner, Commercial Taxes and ...
Court: Kolkata
Decided on: Jul-17-2002
Reported in: [2004]138STC174(Cal)
1. This writ application is directed against the order being order No. 5 dated 17th August, 2001 [See Bharat Traders (Agency) v. Deputy Commissioner of Commercial Taxes, page 175 supra], by which the West Bengal Taxation Tribunal (in short, 'Tribunal') had rejected the petition filed by the petitioner in which the writ petitioner had challenged an order reopening an assessment under Section 11E of the Bengal Finance (Sales Tax) Act, 1941 (in short, 'the Act, 1941') and also a final order of assessment which was confirmed in appeal.2. We have heard Mr. Chakraborty, learned advocate appearing for the writ petitioner and Mrs. Roy, learned advocate appearing for the State-authorities and also examined the impugned order as well as the other materials on record.3. Before we proceed further we may note certain salient facts leading to file of this petition before us. The writ petitioner without submitting the return for turnover tax under the provision of Act, 1941 furnished return and chall...
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