Court : Allahabad
Decided on : Apr-09-2003
Reported in : III(2003)ACC717; 2003(4)AWC2620
..... was the provision under section 166 of the motor vehicles act. in the absence of section 163a of the act and the schedule ii, which contains only the guidelines, the motor accident claims tribunal proceeded with the claim petition treating the same ..... as a senior teacher in kendriya vidyalaya, air force, station hindon, ghaziabad.4. it may be noticed that the death had occurred in the accident caused by the explosion of bomb in the bus. the tribunal drew ample support for its conclusion from the observations made in the case of samir chand v. m. d., assam state ..... 4.1996. the claim petition, however, had been filed in the year 2000. during the pendency of the claim petition, the amendment became effective and section 163a of the motor vehicles act itself was deleted. the effect was that by the date of the judgment/award, the only provision under which the claim petition could be continued, .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-04-2003
Reported in : 2003(4)AWC2800; (2003)2UPLBEC1307
..... adjudicator, after receipt of the reference of such dispute will have first to direct the workmen to approach the appropriate government for abolition of the contract under section 10 of the act and keep the reference pending. if pursuant to such reference, the contract labour is abolished by the appropriate government, the industrial adjudicator will have to give ..... from the date of termination, the order dated 17.4.1995 was liable to be set aside as having been passed in violation of the provisions of section 6n of the act, 1947. therefore, he should be reinstated with all consequential benefits and regularized with the principal employer in view of the provisions of the contract labour (regulation ..... the workmen employed by the contractor were certainly not the workmen of the corporation.'13. this court while deciding the writ petition no. 14758 of 1990, indian explosives ltd. v. state of u. p. and ors., vide its judgment dated 25.1.1991 considered the definition of workmen under the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-2003
Reported in : I(2004)ACC463; III(2004)ACC828; 2005ACJ982
..... the other motor vehicle the tanker had fallen on one of its side on sloping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that the ..... a result of overturning of petrol tanker, petrol contained in it leaked out and collected nearby. at about 7.15 a.m. about 4 1/2 hours of accident an explosion took place in the said petrol tanker, resulting in fire, causing death and injuries to few persons. the case on behalf of petrol tanker was that at the time ..... that the death was not caused by the tractor-trolley and was caused by the bus and, therefore, the appellant was not liable for compensation under the provisions of section 147 of the act. he contended that the tractor-trolley was standing and as a result of being dashed by the bus, the trolley turned and fell on the deceased, munir ahmad .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-2003
Reported in : 2003(3)AWC2266; [2003(97)FLR822]; (2003)IILLJ1013All
..... that is required to be registered and not that such contract becomes a contract of apprenticeship only after it is registered as required by sub-section (4) of section 4 of the act. we have, therefore, no hesitation in taking the view that the registration of the contract apprenticeship is not a necessary ingredient for answering ..... a contract of apprenticeship. it is not provided that the contract of apprenticeship adverted to therein should have been registered as required by sub-section (4) of section 4 of the act. if the intention of the legislature was to include only those persons in the category of apprentices who have entered into a contract of ..... the description of the expression 'apprentice' occurring in section 2(aa) of the act. as it is admitted that the petitioners have entered into a contract of apprenticeship and were undergoing training in pursuance of such a contract, .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-2003
Reported in : 2004(2)AWC1199
..... by the notification which had achieved finality.'28. the notification issued under section 4 and section 20 of the forest act have not been challenged by the company even though it had the knowledge of the said notification as it has mentioned the ..... land before the forest settlement officer. they did not file any objection or claim before the authorities in the proceedings under the act. after the notification under section 20 of the act, the respondents could not have raised any objection qua the said notification before the consolidation authorities. the consolidation authorities were bound ..... included the land claimed by the company. subsequently after considering the objections, the state government issued a notification dated 27.7.1970 under section 20 of the forest act declaring the land mentioned in the schedule to the said notification as reserved forest area. the land of the company had been included .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-01-2003
Reported in : 2003(4)AWC2939; (2003)2UPLBEC1573
..... the notice of the people at the helm of the affairs.79. we are also informed that more often than not when a person applies under section 15 of the act for sanction of a plan unless he gives some extraneous consideration to the concerned officials, the application is kept pending for a long time giving ..... illegal, being directly in contravention of the language and the scheme of the statute. this will be apparent from a simple analysis of the provisions of section 33 of the act which clearly envisages that the development charge is recoverable only as, and by way of, recompense for any development work actually undertaken by the development ..... road, drain, sewer line, electric supply and water-supply lines in the development area by the development authority.'the word 'development' has been defined in section 2(e) of the act as follows :'development with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land, or .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-15-2003
Reported in : 2003(4)AWC3192b
..... 35. the management is to intimate the existing vacancies and vacancies likely to be caused during the course of ensuing (following) academic year to the director under section 12 of the act. the procedure of intimating vacancies has been provided under rule 7 of the u.p. higher education commission rules, 1981 (the rules) (see appendix-5) ..... caused by long leave (leave of more than 10 months). an appointment over such vacancy is to be made under the commission act and not under section 31 (3) (a) of the state universities act. point 2 : section 13 (4)--non-regular vacancy only 31. the supreme court in the case of kamlesh kumar sharma (supra) held that the ..... principal of a degree college should be filled up'. in this connection, we will also consider the scope of sub-section (4) of section 13 [section 13 (4)] of the u.p. higher education services commission act, 1980 (the commission act) and the supreme court decision in kamlesh kumar sharma v. yogesh kumar gupta and ors., (1998) 1 uplbec 743 .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-05-2003
Reported in : (2003)3UPLBEC2561
..... hussaini begam, ilr (1985) 17 alld. 573, even a person who has an agreement to sell in his favour prior to the notification under section 4 of the land acquisition act may be a person interested and claim compensation. the tenants by will, mortgagees, occupiers etc. may be persons interested depending on the facts and ..... petitioner could not be mutated in his favour because of the notification dated 27.2.1988 issued by the state government under section 4 of the land acquisition act, followed by the notification under section 6 dated 14.12.1989.26. against the cancellation order proceedings have also been filed before the monopolies and restrictive trade ..... does not arise as their land had not yet been acquired.'11. subsequently the state government by notification published on 27.2.1988 under section 4 of the land acquisition act, proposed to acquire the land of the society and thereafter the land was acquired. the petitioner society approached the respondent for allotment of developed .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-07-2003
Reported in : (2003)3UPLBEC2223
..... activities at the place of employment of the workman come to a halt. the second distinctive feature is that for taking recourse to the section 6-n of the act payment of retrenchment compensation is mandatory and is condition precedent but for closure it is not necessary that closure compensation must be paid before ..... situate at different places in which total about 650 workers were employed and that prior permission was not obtained from the state government under section 25o of the industrial disputes act (central), therefore, the alleged closure retrenchment was illegal.9. the labour court by the impugned award gave a finding that weaving centre ..... dispute. on conciliation proceeding having failed, the dispute regarding termination was referred by the state government in exercise of its power contained under section 4-k of the industrial disputes act, 1947. the reference contained the names of 48 employees who had been retrenched and whose termination of services had been challenged by the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-08-2003
Reported in : AIR2004All115; 2004(1)ARBLR521(All)
..... thirty days from receipt of a request by one party from the other party, the appointment shall be made by the chief justice. sub-section (6) of section 11 of the act applies in three contingencies in a case wherein an appointment procedure is already agreed upon by the parties. these three contingencies are as follows :--( ..... them being essentially to aid the constitution of an arbitral tribunal immediately, just by appointing an arbitrator without wasting any time.34. therefore, the application under section 11(6) of the act is allowed. i appoint justice kamleshwar nath (retired) as an arbitrator. he will get rs. 3,000/- (rs. three thousand only) per day ..... advocate for the applicant and shri umesh chandra for the opposite parties at length on the contentions raised before passing an order appointing an arbitrator under section 11 of the act.13. so far as the first and second contentions raised by the learned counsel for the opposite parties are concerned, after seeing the counter affidavit, .....
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