Rajasthan Court February 2009 Judgments
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Ashique Ali Vs. R.S.R.T.C. and anr.
Court: Rajasthan
Decided on: Feb-24-2009
Reported in: RLW2009(2)Raj1162; 1(2009)WLN(Rev)386
Govjnd Mathur, J.1. By an order dated 28.10.1983 the Divisional Mechanical Engineer, Rajasthan State Road Transport Corporation, Bikaner, terminated the petitioner from service who was working as a Driver on probation. The challenge to order aforesaid is based on the ground that the petitioner was terminated from service as a consequent to disciplinary action and, therefore, an inquiry as prescribed under the Rajasthan State Road Transport Workers & Workshop Employees Standing Orders, 1965 (hereinafter referred to as 'the Standing Orders of 1965') should have been conducted by the respondents.2. On the other hand, an effort is made to defend the order impugned dated 28.10.1983 on the Count that discontinuation of the petitioner from service was not stigmatic but as per the provisions of Order 13(ii) of the Standing Orders of 1965, thus, there was no need to hold any inquiry. A preliminary objection is also raised on behalf of the respondents no reject the petition for writ being suffer...
Kriya Vikriya Sahakari Samiti Vs. Labour Court and ors.
Court: Rajasthan
Decided on: Feb-24-2009
Reported in: RLW2009(4)Raj3271
Prem Shanker Asopa, J.1. Heard learned Counsel for the petitioner.2. By this writ petition the petitioner has challenged the award dated 01.11.1994 (Annexure/5) whereby the respondent-workmen has been reinstated with full back wages and other consequential benefit with continuity of service on account of the violation of Section 25F of the Industrial Disputes Act, 1947.3. The undisputed facts of the case are that the respondent-workman was appointed on 27.03.1983 and his services have been terminated on 06.07.1984 by invoking the clause of probation of not satisfactory work during the probation as mentioned in the agreement dated 03rd of August 1983 (Annexure/1).4. Counsel for the petitioner submits that the case will not be of retrenchment as the same is covered by exception 2(bb) of Section 2(oo) of the Industrial Disputes Act, 1947, on account of the fact that the services of the respondent-workman have been terminated under a stipulation in the contract.5. No-one appeared on behalf...
Uttariya Rajasthan Sahakari Dugdh Uttpadak Sangh Ltd. Vs. Rajesh and o ...
Court: Rajasthan
Decided on: Feb-24-2009
Reported in: 2009(3)WLN20
Govind Mathur, J.1. By this petition for writ, a challenge is given to the award dt. 07.08.1995 passed by the Labour Court, Bikaner in Labour Case No. 43/1990 answering a reference made to it by the appropriate government under a notification dt. 8th March, 1990 in the terms that 'whether termination of workman Shri Rajesh S/o Shri Sardara Ram Chaukidar by the Managing Director/Security Officer Uttari Rajasthan Sahakari Dugdh Utpadak Sangh Ltd., Bikaner w.e.f. 17.11.1987 is just and valid? If not, then for what relief and amount, the workman is entitled?' 2. As per the facts available, the respondent Rajesh Kumar was employed as Chaukidar at Rathi Farm under control of the Uttari Rajasthan Sahakari Dugdh Utpadak Sangh Ltd., Bikaner. By an order dt. 17.11.1987, he was discontinued from service on the count of his negligence resulting outward movement of three bulls from the farm premises. Being aggrieved by the same, an industrial dispute was raised by Shri Rajesh Kumar and that was ult...
Central Board of Secondary Education Vs. Shri Mohabbat Ali and anr.
Court: Rajasthan
Decided on: Feb-24-2009
Reported in: RLW2009(4)Raj3342
Mohammad Rafiq, J.1. Heard learned Counsel for the parties.2. This writ petition has been filed by the petitioner Central Board of Secondary Education challenging the award of Labour Court, Jaipur dated 28.4.1994. Labour Court by the aforesaid award answered the reference with regard to validity of removal of respondent-workman by the petitioner from their service.3. The respondent-workman was appointed by the petitioner on compassionate ground on the post of Record Keeper in the pay scale of Rs. 800-5-1010-GB-20-1150 vide order dated 9.11.1989. After passing the aforesaid order, the petitioner by order dated 1.3.1990 terminated service of respondent-workman on the premise that he was appointed as Record Keeper on purely temporary basis and his services are not longer required.4. Shri R.P. Singh, learned Counsel for the petitioner argued that appointment of the respondent-workman was wrongly made on compassionate ground because his father has already retired on 28.2.1983 and he died th...
Jitendra Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-20-2009
Reported in: RLW2009(2)Raj1223; 2009(1)WLN411
Gopal Krishan Vyas, J.1. By these writ petitions, the petitioners have challenged the impugned order dated 21.01.2009 (Annex.- 6), so also, fard (memo) prepared by the respondents dated 21.01.2009 (Annex.-6A). The petitioners have further sought direction to the respondents to allow the petitioners to conduct their business in pursuance of the licences. In the alternative, it is prayed that proportionately exclusive privileged amount may be reduced by passing appropriate and necessary order and respondents may be directed to pay cost of liquor lying in the shop in question under the seal of the respondents.2. For deciding the controversy raised in these writ petitions, for the sake of convenience, the facts narrated in SB. Civil Writ Petition No. 682/2009 are taken into consideration and discussed.3. According to brief facts of the case, for the purpose of regulating import, transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs, the State legislat...
Basanti Lal Vs. Ram Chander and ors.
Court: Rajasthan
Decided on: Feb-20-2009
Reported in: RLW2009(2)Raj1516; 2009(1)WLN339
Vineet Kothari, J.1. This second appeal of the defendant - tenant has been filed being aggrieved, by the concurrent judgments of two courts below in an eviction matter on the ground of subletting of the suit premises; a shop situated at Bus Stand, Kapasan. The suit shop is of small size 41/2 x 7 ft. The learned trial Court decreed the suit of the plaintiff respondent Ramchander on 1.5.1997. The plaintiff had filed the suit oil the ground of default, subletting and bonafide need. However, the plaintiff did not press before the learned trial Court the ground of default and bonafide need, but only pressed the ground of subletting in issue No. 2 framed by the learned trial Court.2. According to the plaintiff, the said suit shop was given on rent to the defendant Deep Chand, father of the present appellant Basanti Lal in the year 1986 under the rent note executed vide Ex.1 but since jn the said suit shop, the said tenant Deep Chand never carried on any business, but his son Basanti Lal carr...
Shyam Mahatma Vs. Shri Babu Khan
Court: Rajasthan
Decided on: Feb-20-2009
Reported in: RLW2009(2)Raj1495; 2009(1)WLN110
Vineet Kothari, J.1. This second appeal has been filed by defendant-tenant under Section 100 CPC being aggrieved by the judgment and decree of eviction passed by the first appellate court on 4/7/2008 while allowing the appeal No. 79/2005 of plaintiff landlord as the learned trial court had dismissed the suit filed by plaintiff landlord seeking eviction on 4/2/2005.2. The plaintiff respondent sought the eviction of the suit shop on the ground of default in payment of rent as well as personal bonaflde need of the plaintiff for his son - Mohdv Sharif for carrying on his business of sale of cattle feed as the market has shops of such nature and defendant himself was carrying on the business of cattle feed.3. The learned trial court dismissed the suit of plaintiff-landlord on the ground that there was no default in payment of rent as the tenancy was on year to year basis vide Ex.A-1 to A-4 rent receipts produced by the defendant tenant which established the payment of rent on annual basis t...
Naresh Verma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-20-2009
Reported in: AIR2009Raj144
ORDERGopal Krishan Vyas, J.1. By way of filing the present writ petition, the petitioner has prayed for quashing the order dated 12-11-1993 (Annexure-9) and the order dated 15-4-1996 (Annexure-11) and further prayed that the respondents may be directed to execute the lease deed of the impugned mine situated in village Latoti Tehsil Jaitaran District Pali measuring 300 x 300 sq. meters in favour of the petitioner.2. The case of the petitioner is that an application was filed by the petitioner for grant of mining lease under the Rajasthan Mineral Concession Rules 1986 (hereafter, for short 'the Rules of 1986) for lime stones on 11-11-1991 for the land situated in village Latoti, Tehsil Jaitaran District Pali and he has prayed that mine measuring 300 300 sq. meters of lime stones may be allotted. On application, certain formalities were asked to be completed by the respondent Department. Thereafter, allotment order under Rule 8 of the Rules of 1986 was issued in favour of the petitioner o...
Rameshwar Dayal Vs. Mohan Lal
Court: Rajasthan
Decided on: Feb-19-2009
Reported in: RLW2009(2)Raj1478
Vineet Kothari, J.1. This second appeal is directed against the judgment and decree of first appellate court dated 4/5/2001, whereby, the learned first appellate court upheld the eviction decree and rejected the defendant tenant's appeal but however, directed the landlord, who sought eviction of the suit premises on the ground stated in Section 13(1)(k) of the Act as the suit premises i.e. shop in question had become unfit for human habitation, to give back the possession of the shop in question after necessary repairs to the tenant on a fresh rent note to be executed by him. A period of two months was granted to the landlord by the first appellate court for this purpose.2. Being aggrieved of only the said, part of the judgment & decree of first appellate court, the plaintiff landlord has approached this Court by way of present second appeal which was admitted by this Court on 23/3/2004 with the following substantial questions of law:(1) Whether the learned lower appellate court is act...
Gopal Singh Vs. the Election Tribunal-cum-additional Civil Judge (S.D. ...
Court: Rajasthan
Decided on: Feb-19-2009
Reported in: RLW2009(3)Raj1878
Sangeet Lodha, J.1. This special appeal is directed against order dated 20.4.08 passed by the, learned Single Judge of this Court, whereby the writ petition preferred by the appellant assailing the validity of judgment and decree dated 3.1.08 passed by the Election Tribunal(Additional Civil Judge (S.D.), No. 3),Jodhpur in Election Petition No. 15A/05, stands dismissed. By aforesaid judgment and decree dated 3.1.08 passed by the learned Election Tribunal, the election of the appellant as Sarpanch has been declared null and void and accordingly, the post of the Sarpanch, Gram Panchayat, Anvana has been declared vacant.2. Briefly stated the facts of the case are that in pursuance of the notification issued by the Rajasthan Election Commission, the District Election Officer(Panchayat), Jodhpur issued a public notice in exercise of the powers conferred under Rule 23 of Rajasthan Panchayati Raj (Election) Rules, 1994 (in short the 'the Rules, 1994' hereinafter), calling upon the various panc...
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