Court : Central Administrative Tribunal CAT Patna
1. the applicants 12 in number are assistant divisional medical officers of eastern railway (admo) posted in different divisions of the eastern railway. they have prayed for the following reliefs : (i) for a direction to the respondents to determine the seniority of the applicants after taking into consideration their entire service including their initial ad-hoc period which was subsequently regularised through the union public service commission; (ii) the respondents may be directed to give promotion to the applicants with the senior scale of divisional medical officers retrospectively from the date (s) of their ad /hoc/temporary joining on the post of assistant medical officer (grade-ii); and 2. the applicants were appointed as assistant medical officer (grade-ii) after being selected through the process of written examination followed by oral test conducted by a selection committee consisting of three heads of department viz; chief medical officer, chief personnel officer and a member nominated by the general manager of the railways in between 14.1.85 to 22.9.86 as at annexure-a1 and a-1/1. the appointment was on ad-hoc basis for a period of six months from the date of reporting for duty or till they were replaced by the union public service commission recruits. it is stated that the aforesaid ad hoc appointments of the applicants were continued in consultation with the union public service commission from year to year as per provision under regulation no. 4 of the union .....
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aftab alam, j. 1. does the provision of section 24 of the standards of weights & measures (enforcement) act, 1985 (hereinafter referred to as 'the enforcement act') extend to the petrol/h.s.d. pump, with underground tank and fittings, installed at a colliery under the consumer petrol/h.s.d. hire & supply agreement with the oil corporation and whether the colliery is obliged under the law to have the petrol/h.s.d. pump installed on its premises duly verified and stamped even though the entire supply of petrol/h.s.d. is consumed by the colliery internally and no amount of petrol/ h.s.d. is sold by it to any third party these are the questions that arise for consideration in this case. 2. this writ petition is filed by the manager of kargali colliery which is a unit of m/ s central coal fields limited. the coal mining operation requires the use of different types of vehicles and machines all of which run on petrol or high speed diesel e.g. dumpers, bulldozers, heavy earth movers, pump etc. the colliery management, therefore, requires large supply of petrol and high speed diesel. in order to meet its requirement of petrol and h.s.d. the petitioner company entered into an agreement with the indian oil corporation. the agreement called 'the consumer petrol/ high speed diesel pump hire & supply agreement' obliged the petitioner company to take all its supplies of petrol / h.s.d. from no one else but the indian oil corporation. in turn the corporation agreed to have a petrol pump .....
Tag this Judgment!Court : Patna
sudhir kumar katriar, j. 1. this appeal is directed against the judgment dated 29-4-1995, and the consequent decree, passed by mr. r.b. rai, subordinate judge 1st. bokaro at chas, in title (arbitration) suit no. 20/94 (ispat engineering and foundry works v. steel authority of india ltd,), whereby he has made the award of the umpire dated 25-4-1994, a rule of the court. 2. the defendant is the appellant. forthe purpose of disposal of the present appeal, we shall go by the description of the parties before the court below. the defendant is a public sector undertaking of the government of india, entire shares of which are held by the president of india or his official nominees. it has set up a steel plant at bokciro steel city, district bokaro, in the state of bihar. the defendant had published a tender notice bearing no. k-174/154 on 13-5-1985, for manufacture and supply of slag notches as per the specified drawing. various tenders were submitted, the plaintiffs tender was accepted and was allotted the work. the total value of the contract was rs. 2,64,000/- plus excise duty with the stipulation that the goods shall be delivered on or before 30-11-1985. the plaintiff was unable to deliver the goods and the defendant had issued risk purchase notice to the plaintiff, but on the latter's request instead extended time up to 21 -2-1986 for supply of the materials. the plaintiff failed to deliver the goods within the extended time which compelled the defendant to take procurement .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. the applicant, being an employee under the eastern railway, has filed the instant oa for direction upon the respondents railway for refund of a total sum of rs. 46,387/-, being the penal rent already realised from him during the period from 1stjuly, 1979 to 1st may, 1994, for his continued occupation and retention of the railway quarters bearing no 414/a, situate at new colony, post office road, khagaul, patna, under danapur division of eastern railway.2. the applicant's case, in short, is that while he was working on the post of guard at danapur, under danapur division of the eastern railway, he was allotted a railway quarters no. 414/a at danapur with effect from 17th july, 1977. subsequently, on 6th june 1979, the applicant was transferred from danapur to garhara, under the same danapur division of eastern railway. after lapse of a little more than two years, the applicant was transferred back from garhara to danapur, vide office order dated 31st december, 1981. there was yet another transfer order dated 15th july, 1986, by which the applicant was posted as tnc at garhara from whereby an office order dated 17th november, 1986, he was transferred and posted as guard at jhajha. subsequently, he was transferred from jhajha to mokama under the same danapur division by an office order dated 5th march, 1990. ultimately, the applicant was transferred from mokama to danapur by an office order dated 18th september, 1992.3. be it recorded here that, as per admitted pleadings of .....
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choudhary s.n. mishra and a.k. prasad, jj.1. after having heard the earned counsel for the parties and going through the pleadings filed on their behalf, this writ application is being disposed of at the time of admission itself.2. in this writ application, the prayer of the petitioner is for quashing the order dated 6.8.1999 passed by the deputy commissioner of commercial taxes, hazaribagh circle, hazaribagh (respondent no. 4), whereby he has refused to grant exemption certificate to the new industrial unit of the petitioner-company known as 'gautam ferro alloys' from payment of sales tax on purchase of raw materials under notification no. s.o. 478 dated 22.12.1995 (annexure 2), from perusal of the order under challenge, it appears that prayer of the petitioner has been rejected on two grounds; firstly, that gautam ferro alloys is part and parcel of the bihar foundry and casting ltd. rolling mill division, at murar which is already enjoying the benefits of the scheme; secondly, the petition praying for grant of exemption was filed beyond the period prescribed. mr. poddar, earned counsel appearing on behalf of the petitioner has challenged the order on the ground that even if it is assumed that m/s gautam ferro alloys is a part and parcel of the bihar foundry and casting limited, still m/s gautam ferro alloys is entitled for the exemption under the industrial policy of 1995. in support of his contention, earned counsel has relied upon the decisions in the case of malviya .....
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..... according to the impugned order the accident had taken place on march 29, 1995, resulting in the death of deb narayan, the husband of the respondent and the amount of compensation of rs. ..... in his submission, the accident took place on march 29, 1995, and therefore, the unamended provision will apply in the present case which was to the effect that interest at the rate of 6% shall be payable. .....
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m.y. eqbal, j.1. a division bench of this court, while hearing the instant appeal, doubted the correctness of the full bench judgment of this court in the case of krishna bhagwan v. state of bihar (1991) 1 bljr 321, referred the matter to a larger bench to consider the correctness of the judgment of the full bench in view of the law laid down by the supreme court in the case of gopinath ghosh v. state of west bengal : 1984crilj168 . the division bench of this court is of the view that although in krishna bhagwan case (supra), the full bench relied upon the decision of the supreme court in gopinath ghosh case but it has omitted to consider paragraph 11 of the judgment of the supreme court. this is how the matter has been placed before us for answering the reference.2. in the instant case, two appellants have been convicted under sections 302/34, i.p.c. and sentenced to imprisonment for life. appellant no. 1, gopal nag is the son of appellant no. 2, lai mohan nag. it was argued before the division bench that there is clinching evidence of fact that appellant no. 1 was minor at the time of occurrence which took place on 26.12.1991. it was contended that according to assessment made by the trial judge, the age of the appellant gopal nag was about 18 years on 14.12.1992 when his statement was recorded under section 313, cr.p.c. accordingly, appellant no. 1 was below 16 years at the time of occurrence of the offence. it was, therefore, contended before the division bench that the .....
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..... 76,000 shall be payable by devendra kumar dubey with interest at the rate of 6 per cent from the date of the accident till the date of payment within a period of three months from today which shall be paid by a/c payee cheque or a/c payee demand draft in favour of opposite party no. ..... 9 herein, the owner of the vehicle, namely devendra kumar dubey along with interest at the rate of 6 per cent from the date of accident till the date of payment within a period of three months from today. ..... 50,000 with interest at the rate of 18 per cent from the date of the accident till the date of payment along with costs of rs. ..... 50,000 with interest at the rate of 18 per cent from the date of accident (i.e. ..... 1,26,000 with interest at the rate of 6 per cent with effect from the date of the accident, i.e. ..... 1,26,000 to the applicants with interest at the rate of 6 per cent from the date of the accident, i.e. .....
Tag this Judgment!Court : Patna
sudhir kumar katriar, j.1. heard learned counsel for the parties.2. this appeal is directed against the judgment dated 22.12.1990, passed by sri uma shankar, addl. claims tribunal, hazaribagh, in claim case no. 11 of 1981; sapuran devi v. telco, whereby the claimants have been granted compensation amounting to rs. 1,31,000/- under the motor vehicles act, 1939 (hereinafter referred to as 'the act'), alongwith interest. respondent nos. 5 and 6 (hereinafter referred to as telco), are manufacturers of trucks in their factory at jamshedpur. after manufacturing the trucks without bodies thereupon, the same are despatched to different destinations in the country. on 4.4.1981, the chassis in question with a temporary permit had been despatched from jamshedpur for ludhiana. at kujju, a village between ranchi and ramgarh, the chassis in question had knocked down one upendra majhi, who was then working as a constable in the service of bihar government and was aged 26 years. he died on 6.4.1981, leaving behind claimant no. 1 (most. sapuran devi), and-three children, being the other claimants. they are respondent nos. 1 and 4 before me. thereafter the claimants filed an appropriate application under the act for compensation. after considering the materials on record, learned tribunal by the impugned judgment has quantified the compensation at rs. 1,31,000/- with interest @ 12% from, the date of the application till the date of the payment. the same was directed to be paid within a period .....
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s.k. katriar, j.1. heard learned counsel for the parties.2. this appeal is directed against the judgment dated 22.12.90, passed by sri uma shankar, addl. claims tribunal, hazaribagh, in claim case no. 11 of 1981 sapuran devi v. telco whereby the claimants have been granted compensation amounting to rs. 1,31,000/- under the motor vehicles act, 1979 (hereinafter referred to as 'the act 9), along with interest. respondent nos. 5 and 6 (hereinafter referred to as telco), are manufacturers of trucks in their factory at jamshedpur. after manufacturing the trucks without bodies thereupon, the same are despatched to different destinations in the country. on 4.4.81, the chassis in question with a temporary permit had been despatched from jamshedpur for ludhiana. at kujju, a village between ranchi and ramgarh, the chassis in question had knocked down one upendra manjhi, who was then working as a constable in the service of bihar government and was aged 26 years. he died on 6.4.81, leaving behind claimant no. 1 (most. sapuran devi), and three children, being the other claimants. they are respondent nos. 1 to 4 before me. thereafter, the claimants filed an appropriate application under the act for compensation. after considering the materials on record, learned tribunal by the impugned judgment has quantified the compensation at rs. 1,31,000/- with interest @ 12% from the date of the application till the date of the payment. the same was directed to be paid within a period of two months .....
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