Rajasthan Court February 2008 Judgments
Rambabu Saxena Vs. Tilam Sangh, Rajasthan Kota Project
Court: Rajasthan
Decided on: Feb-19-2008
Reported in: (2008)IIILLJ1002Raj
Shiv Kumar Sharma, J.1. In a domestic enquiry held by respondent employer the appellant workman was dismissed from service. Order of dismissal was sent for approval to the Industrial Tribunal under the proviso to Section 33(2)(b) of Industrial Disputes Act, 1947. However during the pendency of proceedings, the employer was declared as a 'Relief Undertaking' and proceedings under Section 33(2)(b) were put in abeyance indefinitely. Since the workman was rendered remediless, he approached this Court under Article 226 of the Constitution. Learned single Judge dismissed the writ petition vide order dated September 10, 1997 observing that during the pendency of proceedings under Section 33(2)(b) the writ petition was not maintainable. Hence this appeal.2. Contextual facts depict that the appellant (for short 'workman') was working as ETPO Operator at Kota Project of Tilam Sangh, Rajasthan (for short the 'Employer'). The workman who was the President of the Project Karmachari Union was served...
Tag this Judgment!Amar Chand Vs. Judge, Labour Court and anr.
Court: Rajasthan
Decided on: Feb-19-2008
Reported in: [2008(117)FLR959]; (2008)IIILLJ413Raj
Mahesh Chandra Sharma, J.1. By way of this writ petition the petitioner has prayed that the award dated January 6,1997 passed by the learned Labour Court, Ajmer be quashed and set aside. He has also prayed for reinstatement of the petitioner in service with full back wages and also prayed, for other appropriate order or direction to this Court.2. The petitioner has set up his case that he was employed in the Unit Cattle Feed Plant, Tabiji, Ajmer from April 8,1985. Appointment letter was issued on April 13, 1985. From time to time various orders were passed assigning work in various departments. E.S.I. Provident Fund Contributions were deducted regularly.3. The petitioner also filed a case before authority under the Payment of Wages Act.The matter of the petitioner was taken up by Conciliation Officer and ultimately failure report was sent by him.Thereafter the State Government referred a dispute for adjudication to Labour Court, Ajmer.The petitioner set up his case before the Labour Co...
Tag this Judgment!Temple of Thakur Shri Mathuradassji Vs. Shri Kanhaiyalal and ors.
Court: Rajasthan
Decided on: Feb-18-2008
Reported in: RLW2008(2)Raj1390
Prakash Taita, J.1. S.B. Civil First Appeal No. 239/2002 preferred against the judgment and decree of the trial court District Judge, Rajsamand passed in Civil Original Suit No. 46/2001 (3/99) (42/96) dated 24th Oct., 2002 dismissing the suit of the plaintiff -Mandir Thakurji Shri Mathuradassji, Chota Bhandar, Kakroli and three others after holding that the suit is abuse of process of law. 2. S.B. Civil First Appeal No. 232/2005 has been preferred to challenge the judgment and decree dated 19th May, 2005 passed by the Court of District Judge, Rajsamand in Civil Execution Case No. 6/2001 whereby the appellant's application filed under Oder 21 Rule 97 read with Section 151 CPC was dismissed. 3. Since the matter is related to the same property and issue involved are common question of facts and law, therefore, these both appears are heard together and are decided by this common judgment. 4. The litigation has chequered history. One property was sold by one Krishan Kumar as his personal pr...
Tag this Judgment!Ram Singh and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-18-2008
Reported in: RLW2008(2)Raj1750
ORDERDinesh Maheshwari, J. 1. These writ petitions involving similar facts and an identical issue questioning the authority of the State Government to issue transfer order in relation to the petitioners from one place of posting to another within the same Panchayat Samiti, have been heard together and are taken up for disposal by this common order. 2. The factual aspects are not much in dispute and the issue involved is also a short one; hence, a brief narration of the background facts and grounds of challenge from the representative case would suffice. The petitioner in CWP No. 6108/2007, working as physical training instructor Gr.III and posted at Government Upper Primary School No. 1, Pokran within Panchayat Samiti Sakra, District Jaisalmer has been ordered to be transferred on administrative grounds by an order issued by the Deputy Secretary to the Government in its Panchayati Raj (Elementary Education) Department on 27.08.2007 (Annex.1) to Government Upper Primary School, Nodardi,...
Tag this Judgment!Suman Singh (Smt.) Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Feb-18-2008
Reported in: RLW2008(2)Raj1423
Gopal Krishan Vyas, J.1. Since all these writ petitions involve common question of law and fact and arise out of the order dated 21.4.2007 of Excise Commissioner, Udaipur, passed separately in each case, they are being disposed of by this common order.2. In this bunch of writ petitions, the petitioners are challenging the impugned order dated 21.4.2007 (Annex.7) and further seeking direction to the respondents to release the vehicles in favour of the petitioners by setting aside the penalty amount. It is also prayed that High Court may appoint an independent agency to inquire into the entire episode so that truth may come on the floor. The petitioners have also prayed for special cost of litigation and compensation.3. The facts of all these cases are almost similar, therefore, facts mentioned in S.B.Civil Writ Petition No. 3100/2007, Smt. Suman Singh v. State of Rajasthan and Ors. are taken into consideration for adjudication of these writ petitions.4. The facts narrated in the writ pe...
Tag this Judgment!Usha Sahni (Smt) Vs. State and ors.
Court: Rajasthan
Decided on: Feb-18-2008
Reported in: RLW2008(2)Raj1717
Prakash Tatia, J.1. Heard learned Counsel for the appellant as well as learned counsel for the respondent.The plaintiff filed the suit for award of damages of Rs. 71,500/- on account of damages which according to her she suffered because of initiating departmental inquiry against her by the respondents-defendants as it caused mental harassment and mental torture to the plaintiff. According to plaintiff, the respondents treating her to be the officer incharge on behalf of the State in Civil Original Suit No. 21/85, initiated departmental inquiry against the appellant plaintiff wherein she was exonerated by order of the disciplinary authority dated 24th July, 1993. The appellant's-plaintiff's contention is that the respondents from the very beginning were well aware that the appellant was not the officer incharge in the said civil original suit No. 21/85 but still she was asked to submit her explanation and when she submitted her complete explanation, then by ignoring that explanation, t...
Tag this Judgment!Ram Singh Rajpurohit Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-18-2008
Reported in: RLW2008(2)Raj1848
Sangeet Lodha, J.1. This writ petition is directed against order dated 30.4.2007 passed by the Division Commissioner, Jodhpur, whereby the petitioner, an elected Sarpanch of Gram Panchayat, Rupawas having been found guilty of misconduct in the discharge of his duties, has been declared disqualified to hold the office and approval of the proposed action was sought from the Department of Panchayati Raj, Government of Rajasthan. The petitioner has also assailed the validity of letter of approval dated 24.8.07 issued by the State Government and order dated 5.9.07 passed by the Divisional Commissioner, Jodhpur declaring the post of the Sarpanch, Gram Panchayat, Rupawas as vacant in pursuance of the approval granted by the State Government as aforesaid.2. Briefly stated the facts relevant for the adjudication of the controversy involved in the present writ petition are that the petitioner was elected as Sarpanch of Gram Panchayat, Rupawas in the month of January, 05. During his tenure as Sar...
Tag this Judgment!Mohar Singh Vs. Hermale Singh @ Hervale Singh and ors.
Court: Rajasthan
Decided on: Feb-18-2008
Reported in: RLW2008(3)Raj1989
Sangeet Lodha, J.1. This appeal is directed against order and decree dated 4.4.97 passed by Additional District Judge No. 2, Hanumangarh, whereby the suit preferred by the plaintiff- respondent No. 1 herein, has beep decreed in terms of the compromise arrived at between the plaintiff and the defendant Nos. 1 and 2, the respondent Nos. 2 and 3 respectively herein.2. The brief facts giving rise to this appeal are that the plaintiff Shri Hermale Singh preferred a suit for specific performance of contract against the defendants Smt. Dhan Kaur widow of Shri Kala Singh and Ram Singh, adopted son of Shri Kala Singh, inter alia stating therein that 7 bighas of land situated in Chak 17-GGR, Stone No. 186/272, bearing Khasra Nos. 12, 13 and 18 to 22 and 5 bighas & 15 biswas land, situated in Chak No. 13- GGR were purchased by him from Kala Singh through his Power of Attorney Holder Basant Singh vide agreement dated 28.7.84. It is alleged that 7 bighas of land situated in Chak No. 17-GGR was agre...
Tag this Judgment!Ramjan and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-18-2008
Reported in: RLW2008(3)Raj2030
P.S. Asopa, J.1. With the consent of the parties, the matter was heard finally at the admission stage.2. By this writ petition, the petitioners are seeking appropriate writ, order or direction to the respondent-State to bear all the medical expenses including the expenses of plastic surgery etc. and further award compensation on account of acid burn injuries sustained by the petitioners No. 2 to 5 which was thrown by Sajid Ali, Mohammad Khan and Kayyom Pathan.3. Briefly stated, the facts of the case, are that on the fateful day of 6.3.2000 when three daughters of the petitioner No. 1 namely, Afsana, Shanu and Shamin as well as Bhanji Sajida were sleeping in the house, at about 3.00 am, suddenly all of them loudly cried and after hearing their cries, the petitioner No. 1 as well as other members of the family woke up and they saw that four persons namely Sajid Ali, Ayub Khan, Mahmood Khan and Riyaz, residents of the same village, were throwing acid on his daughters as well as Bhanji. In...
Tag this Judgment!Shahanaj Khan (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-18-2008
Reported in: RLW2008(3)Raj2390
P.B. Majmudar, J.1. By filing this petition, the petitioner has prayed that the respondents may be directed to consider the case of the petitioner in the category of divorced women on the basis of 'talaknama' executed by her husband and on that basis, the application form submitted by the petitioner for being appointed on the post of Teacher Grade-III in Primary Education may be taken into consideration on merit in the category of divorced women.2. For the purpose of recruitment to the post of Teacher Grade-III an advertisement was issued by the respondents. As per the said advertisement, which is at Annex.-1 (page 10), 645 posts were reserved for the category of divorced women. As per the clause in the aforesaid advertisement, a lady who is applying for the said post in the category of divorced women is to furnish a decree of divorce granted by the competent Court for her claim to be considered for appointment in the category of divorced women. It is the aforesaid clause in the advert...
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