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 : 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 : 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 : Jan-02-2003
Reported in : 2003(1)AWC516
..... the appeal filed by the opposite party deserves rejection,7. so far as the submission of learned counsel for the petitioner that the application under section 5 of limitation act should have been decided by the appellate authority first before proceeding on merits and the appeal was not to be entertained as it was not accompanied ..... court in the case of hari ram v. deputy director of consolidation and ors., 1989 rd 281, taking the view that after de-notification under sections 52 of the act, consolidation authorities have no jurisdiction to entertain the dispute which has been decided before issue of de-notification, has been considered and by referring other decisions ..... deputy director of consolidation are under challenge in this petition.4. learned counsel for the petitioner raised two submissions, viz., (i) after de-notification under section 52 of the act, the appeal as filed by the opposite party was not to be entertained (ii) the appeal was further not to be entertained and can be heard .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-02-2003
Reported in : 2003(1)AWC520
ORDERM. Katju, J.1. Heard learned counsel for the petitioner.2. The petitioner has prayed for a mandamus directing the respondents not to relieve the petitioner from her present place of posting at State Ayurvedic College and Hospital, Atarra.3. It appears that petitioner was appointed by order dated 16.6.1988 as Medical Officer, at Government Ayurvedic Hospital, Talbeahat, Lalitpur. In the year 1990, the petitioner was attached with State Ayurvedic College, Varanasi and was deputed for teaching job vide Annexures-2 and 3 to the writ petition. It is alleged in paragraph 6 of the petition that since then the petitioner is doing teaching job in the college.4. In our opinion, the petitioner has no lien or right to hold the post in the State Ayurvedic College, Varanasi, as she was only attached to that college and hence, she was purely on deputation there. It is settled law that a deputationist has no right to hold the post to which he or she is sent on deputation, vide JT 2000 (6) 574, JT...
Tag this Judgment!Court : Allahabad
Decided on : Jan-02-2003
Reported in : 2003(1)AWC793
..... land and abadi sites covered by rules 173 to 177 and rules 155l to 115r, respectively ; and(ii) cases in which the state government issues direction under section 126 of the act read with rules 115a and 115b ; provided further that in the case of perennial tanks of three or more acres in area, the land management committee may, ..... or more than one fisherman residing within the circle of the gaon sabha or in favour of a cooperative society of such fishermen registered under the co-operative societies act, 1912 (act no. 2 of 1912) and registered place whereof situate within such circle.'8. in this connection, a recent government order issued on 8.3.2000 (sankhya-765 ..... healthy standards and norms.6. thus, it is well-settled by catena of decisions that while entering into contracts or granting other form of largess, the government cannot act arbitrarily at its sweet-will and it cannot choose to deal with any person as it pleases. an open auction guarantees fairness as everyone gets a chance to .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-2003
Reported in : 2003(1)AWC528
..... the revisional court that revision is not maintainable in the event of an order passed on merits, being in obtrusive antagonism of the provisions of section 56 of the stamp act does not commend to me to be sustained. the most pivotal aspect to be borne in mind is that the power to entertain and decide ..... has beenheld by the revisional court is thatsince the impugned order had beenpassed on merits by the additionaldistrict magistrate, the revision washeld not to be maintainable. section 56 of the indian stamp act beingrelevant on the point at issue in thispetition, is referred to and is quoted below : '56. control of and statement of case to chief ..... the instant petition are the order dated 19.8.2000 passed by the additional district magistrate (finance and revenue), maharajganj in exercise of powers under section 47a/33 of the indian stamp act and the order dated 23.10.2002 passed by the additional commissioner, gorakhpur division, gorakhpur, thereby levying stamp duty of rs. 45,920 payable .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-2003
Reported in : 2003(1)AWC521; [2003(96)FLR414]
M. Katju and Prakash Krishna, JJ.1. Heard learned counsel for the petitioner.2. The petitioner is challenging the Impugned order of the Central Administrative Tribunal dated 6.9.2002. The respondent No. 2 is the widow of late Dinesh Kumar who was appointed as temporary labour (Khalasi) on 3.2.1987. He was absent from service from 19.4.1994 to 21.2.1995 and was charge-sheeted and removed from service with effect from 14.6.1996. Subsequently he died. His widow filed an O.A. before the Tribunal. The Tribunal has held that the enquiry was illegal as the enquiry was ex parte and no enquiry report was sent to the applicant.3. These are findings of fact and hence we cannot interfere in writ jurisdiction. Moreover, apart from merits of the case, we are not inclined to exercise our discretion under Article 226 of the Constitution since the respondent No. 2 is a widow and she has been granted pension and other benefits by the Tribunal. Hence, we are not exercising our equity jurisdiction under A...
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-2003
Reported in : 2003(1)AWC526b; (2003)IILLJ428All
M. Katju, J. 1. By means of this writ petition the petitioner has challenged the impugned order dated 10.3.1999, Annexure-2 to the writ petition by which he has been removed from service. 2. Heard learned counsel for the parties. 3. It appears that the petitioner was Branch Manager of the Muzaffarnagar District Cooperative Bank Ltd. He was suspended by order dated 2.7.1997 vide Annexure-3 and he was given a charge-sheet dated 22.8.1997 vide Annexure-4 to the writ petition. In this charge-sheet, various allegations of financial irregularities, embezzlement and fraud have been made against the petitioner. The petitioner submitted a reply denying the charges vide Annexure-5 to the writ petition. It is alleged in paragraph 6 of the writ petition that no enquiry was held, instead the petitioner was issued a show cause notice dated 24.7.1998 to which he gave a reply dated 8.8.1998 vide Annexures-6 and 7 to the writ petition. 4. In paragraph 10 of the writ petition, it is stated that the peti...
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-2003
Reported in : 2003(1)AWC739; (2003)1UPLBEC749
..... chand gupta and anr. 2000 (10) scc 115, the supreme court has held that where termination of respondent's services declared invalid being violative of section 25f of the industrial dispute act, 1947 and keeping in view that the case dragged on for 33 years but neither of the contesting parties were at fault. the delay was due ..... provided by rules, like rule 55 referred to above, was bodily lifted out of the rules and together with an additional opportunity embodied in section 240(3) of the government of india act, 1935, so as to give a statutory protection to the government servants and has now been incorporated in article 311(2) so as to ..... that departmental authorities and administrative tribunals must be careful in evaluating such material and should not glibly swallow what is strictly speaking not relevant under the indian evidence act. for this proposition it is not necessary to cite decisions nor text books, although we have been taken through case law and other authorities by counsel on .....
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