Court : Punjab and Haryana
Reported in : AIR1970P& H315
ORDERBal Raj Tuli, J.1. Fateh Singh Chugha petitioner was working as a permanent Superintendent in the Punjab Civil Secretariat when in 1963, due to the phenomenal development of the activities of the Industries Department, he was appointed to the post of Assistant Director (Administration) by an order of the Governor of Punjab for a period of six months. The petitioner took charge of this post with effect from January 1, 1964. The period of six months was later on, with the approval of the Punjab Public Service Commission, extended to four years ending on January 1, 1968. The petitioner has alleged that he was selected for the post of Assistant Director (Administration) in the Industries Department because of the fact that it was felt that a person from outside should be appointed who should be above departmental pressure, intrigues and faction, at the same time having special knack of setting the things in order and who should also be well conversant with the offiicial procedure and ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1969]24STC411(P& H)
1. This order will dispose of four Letters Patent Appeals Nos. 98, 75, 74 and 44 of 1967 filed against the order of the learned Single Judge holding that under the Punjab General Sales Tax Act, the spare parts of tractors do not fall under the category of luxury goods under the heading 'spare parts of motor vehicles'.2. As has been discussed by the learned Single Judge, the tractor cannot be categorised as a 'motor vehicle' and for this, reliance was placed on two cases of the Madras High Court (State of Madras v. Marshall Sons and Company (India) Limited [1954] 5 S.T.C. 305) and William Jacks and Company Limited v. The State of Madras [1956] 7. S.T.C. 327) In the first case, it was observed as follows:-An agricultural tractor, though its propulsion is by a motor, is not a vehicle within the meaning of Section, 3(2)(i) of the Madras General Sales Tax Act, 1939, because it is not a thing which is employed to carry either persons or goods on land. The meaning of 'vehicle' is a conveyance...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H539
1. The petitioner, Bhag-wana, and respondent 3, Jagde, are landowners in village Jandli Kalan, tehsil Fatehabad, district Hissar, while respondents 4 and 5, Roop Chand, and Chhabil Dass, are residents of village Khazuri-Jati. Both the villages adjoin each other. The lands of the petitioner and respondents 3 to 5, along with some others, are irrigated through an outlet R. D. 41250 (T.L.-Tail Left). Khazuri Distributary of the Fatehabad Branch System. Respondents 3 to 5 irrigate their lands through a watercourse running along the line between rectangles Nos. 186 and 200, 201 and 200, 203 and 204 and 203 and 219, marked as L M B C on the copy of the Chakplan attached to the petition as Annexure 'A'. This watercourse L M B C is working since the time Khazure Distributary came into operation. The lands of the petitioner situate in Rectangles Nos, 199 and 205 are irrigated from a watercourse running along the eastern line of Rectangle No. 199 and Killa Nos. 5 and 6 of Rectangle No. 205 marke...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H241
P.C. Pandit, J.1. This order will dispose of two connected writ petitions Nos. 1164 and 1481 of 1964. Counsel for the parties are agreed that the decision in the former petition will govern the other as well. I will, therefore, refer to the facts in Civil Writ 1164 of 1964.2. Hardial Malik, Sunder Lal & Kahan Chand, all employees of Irrigation Branch in the Public Works Department, Punjab Government, filed a petition under Articles 226 and 227 of the Constitution against the State of Punjab and the Chief Engineer, Irrigation Branch (South) Punjab, Respondents Nos. 1 and 2. Subsequently, about 200 persons, whose seniority would be affected if the writ petition was allowed, were also impleaded as respondents. The petitioners were appointed as Assistant Clerks in the said department on 25th September, 1946, 17th February 1947 and 9th June, 1947, respectively. They had been working as civilian clerks in the Armed Forces during the Second World War and it was after their release from the Ar...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H287
H.R. Sodhi, J.1. This writ petition raises an important question as to whether a Fire Brigade Service maintained by Municipal Committee, Faridabad, is an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter called the Act), so as to give jurisdiction to the State Government, under Section 10, to refer a dispute between a Municipal Committee and its employees to the Industrial Tribunal for adjudication of the same. The facts which led to the writ petition are not in controversy.2. The petitioners who are the workmen of the Fire Brigade section of the Municipal Committee used to be supplied free electricity and water in their quarters, according to the alleged terms and conditions of their service. The bills had, therefore, to be paid to the departments of electricity and water supply by the Municipal Committee, respondent 3, and the Fire Officer, Haryana. Chandigarh, respondent 2. These respondents did not pay the bills for some time...
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