Kolkata Court January 2008 Judgments

Chapal Kumar Gayen Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: AIR2009Cal81

ORDERJayanta Kumar Biswas, J.1. The petitioner in this writ petition dated February 15th, 2006 is seeking a mandamus commanding the third respondent, the Secretary, State Transport Authority, West Bengal to issue a permanent stage carriage permit for the route Dadan Patra Barh--Contain terms of the offer letter dated February 16th, 2005, Annexure P1.2. The letter dated February 16th, 2005 was issued offering a permanent stage carriage permit for a maxicab. The petitioner claims that by an application dated March 16th, 2005 he prayed for extension of the period of validity of the offer letter by three months. He has alleged that the authority did not give any decision in the application for extension. His further case is that a Trekker purchased by him was registered, by referring to the offer letter, by the registering authority on December 22nd, 2005; and that after purchasing and registering the vehicle he submitted a representation dated January 19th, 2006 requesting the third respo...

Divyajyoti Sponge Iron Pvt. Ltd. and anr. Vs. the Assistant P.F. Commi ...

Court: Kolkata

Alok Kumar Basu, J.1. I have heard the learned Advocate for the writ petitioner and also the learned Advocate representing the Provident Fund Authority over this writ petition. 2. The grievance of the writ petitioner has been regarding computation of the amount payable by the writ petitioner on account of provident fund dues of both employer's and employees' share. It has been contended by the writ petitioner that the Provident Fund Authorities while computing the amount payable by the writ petitioner made a mistake in law by including the amount paid on account of loading and unloading charges as a component of PF account and so also by taking into account the components of salary, namely, daily allowance, medical allowance of its employees as part and parcel of salary so as to calculate the amount payable by the petitioner. 3. The writ petitioner stated that being aggrieved with the order passed under Section 7A of the Provident Fund Act, the writ petitioner preferred a review as per...

Patel Nagar Minerals Industries Pvt. Ltd. Vs. Hindusthan Paper Corpora ...

Court: Kolkata

Prabuddha Sankar Banerjee, J.1. This is a suit by the plaintiff namely Patel Nagar Minerals Industries Pvt. Ltd. against the defendant Hindusthan Paper Corporation Ltd. for realisation of outstanding dues to the tune of Rs. 12,41,074/- together with interim interest and interest upon judgment. 2. The fact leading to filing of the suit may be summed up thus:That the plaintiff is engaged in the business of manufacturing and selling diverse types of mineral and chemicals including china clay. The defendant is engaged in the business, inter alia, of manufacturing and selling of diverse type of papers.3. On the basis of an agreement dated 6th June 2003 entered into between the plaintiff and the defendant, the plaintiff agreed to sell 1665 MT of china clay to the defendant. The terms & conditions of the said agreement will appear from a letter dated 13th June 2003, copy of which was annexed with the plaint. 4. On the basis of supply of 1665 MT of china clay to the defendant by the plaintiff,...

Sri Sudhir Kumar Manna Vs. Bengal Chemicals and Pharmaceuticals Ltd. a ...

Court: Kolkata

Reported in: 2008(1)CHN928,[2008(117)FLR289],(2008)IILLJ466Cal

Pranab Kumar Chattopadhyay, J.1. Both the appeals have been preferred assailing the same judgment and order dated 12th July, 2007 passed by the learned Single Judge whereby and whereunder the writ petition filed on behalf of the employee concerned was finally disposed of. The aforesaid appeals have been heard analogously and are disposed of by this common judgment. 2. The employee concerned while working as a Senior Packer in the Patna Depot of the Bengal Chemicals and Pharmaceuticals Ltd. (hereinafter referred to as the 'said company') was served with a charge-sheet on the allegations that on several occasions the said employee in connivance with the then Area Sales Manager, Patna Depot had taken out the goods from the stock maintained at the said Patna Depot under false invoice and making false entries in BIN cards and the goods had not been actually delivered to the concerned parties. According to the management of the company, aforesaid allegations mentioned in the charge-sheet aga...

Kamal Kumar Majumdar Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: 2008(1)CHN951

S.P. Talukdar, J.1. The petitioner was a member of the Indian Police Service. Immediately before his retirement on 1st December, 1997, a Memorandum of Charges was issued against him on 26th November, 1997 whereby an enquiry under Rule 8 of All India Services (Discipline & Appeal) Rules, 1969 (D.A. Rules) was directed to be held. It was for alleged violation of the provisions of Rule 3(i) of All India Services (Conduct) Rules, 1968 read with Rule 15(i) of All India Services (Conduct) Rules, 1968. 2. The petitioner by filing an application under Section 19 of the Administrative Tribunal Act, 1985 before the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal'), being O.A. No. 934 of 1998, challenged such proposed initiation of the disciplinary proceeding. By order dated 20th August, 2004, the Tribunal dismissed the said application. 3. The present application under Article 226 of the Constitution is directed against the judgment and order dated 20th August, 2004. 4....

Eastern Coalfields Limited Vs. Naren Kora and ors.

Court: Kolkata

Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred at the instance of the appellant-Eastern Coalfields Limited assailing the judgment and order passed by the learned Single Judge in the writ petition bearing W.P. No. 2272 of 2005 whereby and whereunder the said learned Single Judge allowed the writ petition and directed the appellant herein to allow the writ petitioner to join the service along with all consequential service benefits with retrospective effect i.e. from 11th August, 1980. 2. It is the case of the writ petitioner that on 4th August, 1980 while working as an employee of Khandra Colliery under the appellant herein, he went to his native village having fallen sick and after recovery from the said illness wanted to join his duty on August 11, 1980 when the said writ petitioner noticed that one Budhu Koley was working in his place upon falsely declaring himself as Naren Kora namely, the writ petitioner herein. It has been submitted on behalf of the writ petitione...

Utkal Asbestos Ltd. and anr. Vs. Board of Trustees for the Port of Cal ...

Court: Kolkata

Reported in: (2008)1CALLT268(HC)

Ashim Kumar Banerjee, J.1. The appellant was a consignee of cargo containing asbestos regarded as hazardous materials as per international specification prevalent at the material times. The goods were unloaded from the ship and after obtaining necessary clearance from the customs the goods were kept within the port area for which the Port Trust was entitled to landing and removal charges. It is the case of the appellant that out of 200 metric tons cargo 100 metric tons were cleared after payment of charges levied upon them by the Port Trust. When the balance 100 metric tons were attempted to be taken delivery of, the Port Trust contended that they short-levied the charges earlier and as such the appellant was charged higher sum not only for the balance 100 metric tons, but also for the differential amount of charges paid for other 100 metric tons, which had already been cleared two months before. The Port Trust also issued notice under Section 56 of the Major Port Trusts Act, 1963, how...

State Bank of India and ors. Vs. Balai Chandra Sarkar

Court: Kolkata

Reported in: (2008)1CALLT481(HC),2008(4)CHN53,[2008(118)FLR175],(2008)IILLJ759Cal

Ashim Kumar Banerjee, J.1. The appellant was working as a Messenger Boy in the State Bank of India in Beliaghata Branch, Kolkata at material times. One customer of the bank approached the Deputy Cashier with a bag containing currency notes for being deposited in his account. The Deputy Cashier sent the bag through the Messenger Boy in Counter No. 5 where Mr. Kamalesh Mukherjee was entrusted to work on that day. The respondent handed over the bag to Kamalesh. Kamalesh asked him to watch the bag and left the room to collect a pen from one of his colleagues. The tenderer of the money was also asked by the Deputy Cashier to approach counter No. 5 for receipt. Before Kamalesh could return and the tenderer could approach counter No. 5 it was alleged that fourteen currency notes of 100 rupee denomination were removed from the packet as after counting a sum of rupees 1400 fell short. Since there was no other person present at the material time to guard the said bag the respondent was charged w...

Smt. Bimala Devi Churiwala Vs. the Kolkata Municipal Corporation and o ...

Court: Kolkata

Reported in: (2008)2CALLT71(HC)

Jayanta Kumar Biswas, J.1. The petitioner is aggrieved by the order of the Municipal Assessment Tribunal, Kolkata Municipal Corporation dated December 9, 2002 partly allowing her three appeals preferred against the order of the hearing officer dated July 25, 1996 made in the assessment proceedings. The tribunal declined to accept the case of the petitioner that the same valuation that had been made by the tribunal with respect to another flat located in the same building was to apply for determining valuation of her flat as well. The tribunal rather held that valuation of the other flat in question had been made by it without due application of mind, and hence valuation determined by it subsequently with respect to flats located in the adjacent premises should be the basis for determining valuation of her flat. The question is whether the premise was right.2. The assessment proceedings were initiated by the corporation by issuing notices mentioning the proposed valuations with effect f...

Sinclairs Hotels and Transportation Limited and anr. Vs. the State of ...

Court: Kolkata

Reported in: 2008(2)CHN858

Debiprasad Sengupta, J.1. The subject matter of challenge in the present appeal is the judgment and order dated 10.3.2003 passed by the learned Single Judge in W.P. No. 612 of 2002. 2. In the writ petition the validity of an award of 7th Industrial Tribunal was under challenge. Initially the dispute which was referred to in the Tribunal was as follows:Whether the termination of service of Shri G.C. Guha is justified. To what relief, if any, he is entitled to ?3. From the award of the Tribunal dated 18th April, 1996 it appears that the Tribunal arrived at a conclusion that this was a simple case of resignation and not at all a retrenchment. Such award dated 18th April, 1996 was challenged in a writ proceeding being C.O. No. 19267 (W) of 1996, which was allowed by the learned Single Judge by order dated 30.10.2000. The learned Judge was of the view that Tribunal had no jurisdiction to enquire into the question as to whether this was a case of resignation or not and all that the Tribunal ...