Patna Court May 1999 Judgments

Employers in Relation to Management of Sudamdih Colliery of Bccl Vs. P ...

Court: Patna

R. A. Sharma J. 1. The Central Government in exercise of power under Section 10 of the Industrial Disputes Act referred the following two disputes for adjudication to the Central Government Industrial Tribunal No. 1, Dhanbad (hereinafter referred to as the Tribunal): '1. Reference No. 32 of 1989 dated March 16, 1989:'Whether the action of the management of Sudamdih Colliery of BCCL in denying employment to Sri Karma Rout and 21 others with effect from July 9, 1977 is justified? If not, to what relief the concerned workmen are entitled?' and 2. Reference No. 35 of 1989 dated March 20, 1989'Whether the action of the management of Sudamdih Area of BCCL in denying employment to Sh. Bhagwat Singh and 3 others, viz., Sri. Sapan, Karan Sahi and Shanti Thakur who were engaged as sump clearing mazdoors is justified? If not, to what relief are the workmen entitled?'As the controversy involved in both the cases was the same, the Tribunal heard them analogously and answered the references in fav...

Amaresh Kumar Singh Vs. State of Bihar and ors.

Court: Patna

S.K. Katriar, J.1. The petitioner by this writ petition prays for a writ of mandamus or any other suitable writ or order or direction, quashing the impugned order contained in memo No. 754 dated 21-9-96 (Annexure-12), whereby the services of the petitioner as Milk Recorder in the Department of Animal Husbandry, Government of Bihar, has been terminated with effect from the date of the order, and for the consequential reliefs,2. Learned Counsel for the petitioner has submitted that appointment of the petitioner at the very inception was pursuant to an advertisement pasted on the Notice Board of the local office in Ranchi. After the Selection Process was undergone, he was appointed by order dated 16-3-93 (Annexure-1), in the Frozen Seman Bank Project, Ranchi, for the period of six months. By the letter contained in memo No. 12960 dated 8-10-93 (Annexure-3), the petitioner's services were extended in view of the requirements of the department until he faced the Subordinate Selection Boar...

Smt. Nazma Bano and anr. Vs. Indian Lac Research Institute and ors.

Court: Patna

Reported in: 1999(3)BLJR2417

1. In this writ application the petitioners have prayed for quashing the letter bearing No. LR-A/133/98/10811 dated 14-1-98 as contained in Annexure-13 to the writ application issued under the signature of respondent No. 5, the Administrative Officer, Indian Lac Research Institute, Namkum, Ranchi whereby the petitioners' request for appointment of petitioner No. 2 on compassionate ground has been rejected,2. Petitioner No. 1 is the widow and petitioner No. 2 is the son of the late Azizur Rahman who was a permanent employee of respondent No. 1, Indian Lac Research Institute, Namkum, Ranchi. Said Azizur Rahman after serving for 33 years, died in harness on 16-6-94 leaving behind his widow, two unemployed sons and one married daughter. Petitioners' case was that the family of the deceased had no source of income and, therefore, petitioner No. 1 applied to the Director, Indian Lac Research Institute on 12-7-94 requesting him to appoint her son, petitioner No. 2 on compassionate ground. Sh...

Mithelesh Kumar Singh and ors. Vs. State of Bihar and ors.

Court: Patna

N. Pandey, J.1. This writ petition has been filed for quashing the order of the Director, Consolidation passed in Rev. Case No. 2744/86, contained in Annexure-3 whereby the order of the Deputy Director was set aside.2. The dispute in this case, as would appear from the averments made in the writ petition, is with respect to C.S. Khata No. 61 C.S. Plot No. 105 area 1.15 acres and C.S. Plot No. 107 area 1.01 acres of village Dumra, Thana No. 208 Tauzi No. 5202 P.S. Karahgar, District Rohtas, which was originally recorded as fact/cast malik in the name of Dukhi Rao. The said tauzi was purchased by one Debi Prasad on 13-9-1954 in auction sale on account of non-payment of arrears of rent. Later, Debi Prasad sold this land in favour of Shri Sheo Kewal Lal through a registered sale-deed dated 16-9-1954 and put the vendee in possession. Subsequently, the said land was settled by Shri Kewal Lal in favour of Deomuni Singh, father of the petitioners by virtue of the registered patta dated 6-11-...

Sangita Devi and ors. Vs. the State of Bihar and ors.

Court: Patna

N. Pandey, J.1. This writ petition has been filed for quashing the order of the Member, Board of Revenue, contained in Annexure-3, as also '1' the order of the Collector, Rohtas, contained in Annexure-2, and that of the Additional Collector, passed under Section 11(i) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, in short The Act', in Ceiling Case No. 559 of 1974-75, whereby 256.73 Acres of land were declared surplus.2. Before averting to the questions involved in this case, it would be apt to have a brief survey of some of the facts. Initially in the draft statement total 525.54 Acres of land were shown in possession of the land-holder. Subsequently as per the report of the Anchal Adhikari, 172.28 Acres of land were excluded from the ceiling proceeding, as they belonged to the Forest Department. The Additional Collector considering the objection of the land-holder under Section 10(2) of the Act, excluded 74.86 Acres of land from the c...

Pooja Engineering Pvt. Ltd. and anr. Vs. State of Bihar and ors.

Court: Patna

S.N. Jha, J. 1. The petitionser No. 1 is a company incorporated under the Companies Act, 1956. The petitioner No. 2 is one of its Directors. They seek a declaration that the provisions of the Bihar Trade Articles (Unification of Licences) Order, 1984 are not applicable to the petitioner, and the respondent Collector has no authority under the provisions of the said Order to direct them to shift their place of business to the Principal Market Yard of the Market Committee at Katra, Patna City.2. The petitioners are engaged in the business of manufacture, sale and distribution of bread, known by its brand name 'Shakun Bread'. For manufacturing bread, they purchase and store flour (maida), sugar and edible oil, such storage is not for sale but for the purpose of consumption for manufacturing another commodity i.e. bread which is not a specified commodity in Schedule I of the Control Order. The petitioners contend that not being engaged in the business of purchase, sale or storage for sal...

investment Company Limited Vs. Shankar Prasad

Court: Bihar State Consumer Disputes Redressal Commission SCDRC Patna

A.N. Chaturvedi, President: 1. This appeal is directed against an order dated 21.9.1996 passed by District Forum, Patna in Case No. 58/89. By the impugned order the District Forum directed opposite party No. 2- National Insurance Company Limited (respondent No. 2 in this appeal) to pay Rs. 10,000/-to the complainant (respondent No. 1 in this appeal) as the insured amount with interest @ 18% from the date of institution of the complaint case, i.e., with effect from 19.12.1989 till the date of payment. The District Forum further directed both the opposite parties (Peerless General Finance and Investment Company Limited and National Insurance Company Limited) to pay jointly Rs. 15,000/- to the complainant as cost of litigation and Rs. 20,000/- as compensation for the mental agony and harassment caused to him. 2. The case of the complainant (respondent No. 1) before the District Forum was that his father namely Sita Ram Lal was the holder of Welfare Endowment Certificate No. E1212187/ 311 ...

Haroon Mian and ors. Vs. the State of Bihar

Court: Patna

R.N. Sahay and D.P.S. Choudhary, JJ.1. These nine appellants before us were tried before the learned Sessions Judge, Deoghar, who having found them guilty convicted and sentenced them as under.All the appellants have been convicted under Section 302/149, I.P.C. and sentenced to imprisonment for life Appellants Naseem Mian, Kurban Mian and Haroon Mian have further been convicted under Section 148, I.P.C., but no separate sentence has been imposed against them. The remaining appellants have been convicted under Section 147, I.P.C., but no separate sentence has been passed against them. Appellants Israil Mian, Ramjan Mian and Habib Mian were also convicted under Section 323, I.P.C., but no separate sentence has been passed against them.2. An affidavit has been filed that appellants Charku Mian died on 15th June, 1994 and appellant Bundel Mian died on 15th October, 1996. Hence this appeal has abated against them.3. These appellants were tried for the murder of Budhan Mian in an occurrenc...

Mahesh Paswan and anr. Vs. the State of Bihar

Court: Patna

R.N. Sahay and D.P.S. Choudhary, JJ.1. In Session Case No. 296/82, on the file of 6th Addl. Sessions Judge, Munger, five persons were placed for trial, for committing murder of Fuldhan who was shot dead in the night of 28.11.1981. The learned Addl. Sessions Judge found all the five accused persons guilty of the charge framed against them and accordingly sentenced them to imprisonment for life. This has given rise to two appeals which are being disposed of by this judgment. Cr. Appeal No. 13/87 is on behalf of appellants Mahesh Paswan and Umesh Paswan. Mahesh Paswan was charged under Section 302, I.P.C. for having shot dead Fuldhan. He was again charged along with other accused under Section 302/149, I.P.C. Cr. Appeal No. 18/87 has been filed on behalf of appellants Sadanand Bind, Bhujangi Bind and Horil Bind.2. The case of the prosecution was that Babulal Yadav, father of the deceased Fuldhan Yadav had a mill at Shivpur Langair at Munger-Kharagpur Road and was situated 10 kms. from Kh...

Arun Kumar Singh Vs. Bharat Coking Coal Ltd. and ors.

Court: Patna

S.K. Katriar, J.1. The sole petitioner has preferred this writ petition for an appropriate direction to the respondents to prevent his forcible dispossession from Quarter No. 11/61 in Jagjeevan Nagar, Dhanbad, which has been validly allotted to the petitioner for residential purposes.2. According to the petitioner, his father had taken premature retirement on health grounds and the petitioner was appointed on compassionate ground by respondent No. 1 in place of his father. The petitioner's father was in occupation of the aforesaid quarter, and was allotted out of turn to the petitioner by order dated 31-3-93 (Annexure-2), Thereafter, the respondents took a policy decision to evict all the wards of the erstwhile employees who had been allotted quarters out of turn. Pursuant to such a policy decision, the respondent-authorities sent a notice to the petitioner by their letter dated 19-12-95 (Annexure-4) for his eviction from the said quarter. The petitioner submitted his representation ...