Court : Allahabad
Decided on : Sep-29-2003
Reported in : 2004(1)AWC159; (2004)1UPLBEC77
..... different from those of the regular ministerial clerks and staff of the office of the board. for example, some respondents were just carrying documents and papers from one section to another or carrying typewriters, files, examination copies, roll numbers etc. from one room to another in the premises of the board's office. a clerk in ..... official work as performed by the clerks or officials of the board. they were merely assisting the clerks by carrying files, documents and papers. some times they acted as messengers. their job was not done independently. they were manual workers and labourers employed for specific purposes.6. it is alleged in para 8 of the ..... the parties.3. the petitioner no. 3, board of high school and intermediate education, u.p., is a statutory body established under the u.p. intermediate education act, 1921, as amended from time to time. its headquarter is at allahabad. it is an examining body that holds board of high school and intermediate examinations every year .....
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, .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-09-2003
Reported in : 2004(1)AWC876
..... sons of amar nath.318 shri pal son of mahadeo, thereafter ram pratap and bhagwan din sons of shripal. 4. various objections were filed under section 9 of the u. p. consolidation of holdings act regarding three khatas. with regard to khata no. 8 objection was filed by ram bodh and basudeo claiming half share in the khata. objections were ..... tejna having claimed right as widow before date of vesting petitioners will be entitled to succeed smt. tejna in accordance with the provisions of sections 171 and 172 of the u. p. zamindari abolition and land reforms act, after the death of smt. tejna.12. the claim of petitioners with regard to khata no. 121 has also to be accepted in ..... shall be deemed to be admitted to the occupation of a holding within the meaning of his section.'15. section 48 of the oudh rent act, 1886 deals with the right of the heir of a deceased tenant. section 48 of the act is quoted below :'48. rights of the heir of a deceased tenant.--(1) when a statutory tenant dies, his heir .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-2003
Reported in : 2004(1)AWC403
..... than 240 days in a year that he was denied duty by the respondent orally w.e.f. 26.1.1993 without complying with the provisions of section 6n of the industrial disputes act, 1947.4. the petitioner raised an industrial dispute before the regional conciliation officer, bareilly alleging illegal termination of service which was registered as c.p. ..... the argument to the contrary.7. in so far as the contention of the petitioner that he was a daily wager and not a workman under section 2 (s) of the industrial disputes act, 1947, the labour court has given a finding of fact based on the evidence of the workman that the workman had not been given any ..... appointed against a sanctioned post in substantive vacancy. engagement for 240 days from time to time on daily wage would not attract the provision of section 6n of the u. p. industrial disputes act unless it could established that he had continuously worked for 240 days in previous year counting backward from the date of termination of service and .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-2003
Reported in : 2004(1)AWC81
..... 10.1997 copy of which is annexure-14 to the stay application in the special appeal. an f.i.r, was filed against the superintending engineer and one stenographer under section 409, i.p.c. copy of which is annexure-15 to the stay application in the special appeal. it is alleged that the head office was conscious about the ..... writ petitioners, whose details have already been given above. in such a situation all that was required of the authority before cancelling the selection and appointment was that it should act in a fair and bona fide manner. that was done in this case. in our opinion it was not necessary in such circumstances to further insist that opportunity of ..... process it is not necessary to give opportunity of hearing to the selected candidates. all that is expected of the competent authority in such a situation is that it should act in good faith, and take a bona fide decision whether to scrap the recruitment or not.26. in the present case, we have already held that there were grave .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-15-2003
Reported in : (2004)1UPLBEC794
..... the corporation.4. sri muralidhar, senior advocate, submits that late satai married petitioner's mother, after taking permission from the employer, and that under section 16 of the hindu marriage act, 1955, a child born out of a marriage which is void or voidable, is a legitimate child. according to him, petitioner falls within the ..... conclusion. there can be a conflict of interest between wife and her children from first valid marriage and the child whose legitimacy is protected under section 16 of the hindu marriage act, 1955. a claim may be set up by persons alleging themselves to be children or strangers, causing litigation, delaying and thus, defeating the ..... her children.11. the permission given by competent authority, cannot grant any legal status to the second marriage which was void, being violative of section 5(i) of the hindu marriage act, 1955. the permission may have protected the deceased employee from the charge of misconduct, but that by itself will not make his second .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-15-2003
Reported in : 2004(1)AWC69
..... case, it was found by labour court that termination of petitioner's services would come within the purview of retrenchment notwithstanding the provision of clause (bb) of section 2(oo) of the central act. a special leave petition no. 6568-6570 of 2001 from the above judgment and other connected cases was dismissed by supreme court on 29.4.2001, by ..... 7.1996 the labour court decided the reference in her favour. it was found that petitioner's services were illegally terminated in violation of section 6n of the u.p. industrial disputes act, 1947 (in short, the act). the corporation was directed to reinstate her in service and to pay to her rs. 1,200 per month for the period she ..... the award, except for the brief period between 12.4.2001 and 29.4.2001, when the special leave petition was pending in supreme court. petitioner applied under section 6h (1) of the act for recovery under the award. aggrieved against the recovery certificates of rs. 35,040, rs. 26,280 and thereafter rs. 78.784, under .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-16-2003
Reported in : 2004CriLJ1529
..... and thereafter ran away. he replied in affirmative and stated that he could give no reason why the investigating officer had not recorded these facts in his statement under section 161, cr. p.c. it is pertinent to mention that the investigating officer, in his cross-examination, admitted that suresh chandra had not told the said ..... replied that he had told the said facts to the investigating officer and could give no reason why the investigating officer had not recorded them in his statement under section 161, cr. p.c. it is pertinent to mention that during cross examination, investigating officer admitted that madan lal had not mentioned to him these facts. ..... for the parties and perused :-- the depositions of the prosecution witnesses; the material exhibits tendered and proved by the prosecution, the statement of the appellant recorded under section 313, cr.p.c. and the impugned judgment and make no bones in observing that this appeal merits to be allowed and the reference made by the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-17-2003
Reported in : AIR2004All107; 2004(1)AWC88
..... proceed with the trial day to day and conclude the trial expeditiously as directed earlier vide order dated 24.4.2003.4. the respondent-petitioner, filed a transfer application under section 24 of the code of civil procedure. 1908 (hereinafter called 'c.p.c.') of the matrimonial case no. 544 of 1999, pending in the family court, allahabad, ..... any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such act of one judge.'19. the expression 'judgment' has been defined in section 2(9) of c.p.c., as judgment means the statement given by the judge on the grounds of a decree or order ..... : (a) of a tribunal, court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any uttar pradesh act or under any central act, with respect to any of the matters enumerated in the state list or the concurrent list in the seventh schedule to the constitution, or (b) of the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : [2004]136STC161(All)
..... commercial commodity known in a market world as a coloured paint. therefore, the process for producing the coloured paint amounts to manufacture as defined under section 2(e-1) of the act.12. it may also be useful to refer a few decision of the apex court on the point.13. in the case of b.p. ..... base material, which was semi-manufactured furnished goods and was not white paint and hence the process of tinting and mixing was manufacture as defined under section 2(e-1) of the act.6. being aggrieved by the assessment order, applicant filed appeal before the deputy commissioner (appeals), trade tax. deputy commissioner (appeals) remanded back the ..... of colour a coloured paint was manufactured which was different commercial commodity and hence the process of mixing/tinting/staining amounts to manufacture as defined under section 2(e-1) of the act. for coming to the aforesaid conclusion, the assessing authority referred the following facts :(i) on july 27, 2001 dealer in its statement stated that .....
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