Court : Allahabad
Decided on : Feb-08-2006
Reported in : (2006)IILLJ1076All
..... of punishment. since the workman had worked for more than 3 years, he was entitled to retrenchment compensation in accordance with the provisions of section 6-n of the u.p. industrial disputes act, 1947, as his services had not been terminated as a measure of punishment. however, since the workman was a daily wage employee and ..... opportunity of hearing had been afforded to him as such the termination of his services is illegal for non compliance of mandatory provisions of section 6n of the u.p. industrial disputes act 1947. 10 from the pleadings and the records the labour court has concluded that the termination of the services of the workman was ..... termination is illegal as it has been passed without holding any enquiry and payment of retrenchment compensation etc. to the workman as provided under section 6-n of the u.p. industrial disputes act, 1947.5. the employers in their written statements averred that there were many charges of misconducts and indiscipline on the workman. the villagers .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-13-2006
Reported in : 2006(2)AWC2051
..... whether the existence of kothari and dug would convert into a rent agreement for building and consequently convert the entire lease for building and make it regularized tenancy under section 14 of the act no. 13 of 1972, would definitely be a question which could be decided by way of a regular civil suit. i therefore hold that the jurisdiction of ..... is filed for eviction from the land, jurisdiction of the civil court would not be ousted and it would be open to the tenant to claim protection under section 29a of the act.13. learned counsel for the petitioner has also relied upon a decision in the case of ichcha ram v. smt. parsandi 1990 awc 1276, wherein also the ..... been determined for fixation of the rent by the district magistrate.11. sri mithal has therefore argued that in absence of any such determination under sub-sections (4) and (5) of section 29a of the act no. 13 of 1972, the court below should not have come to the conclusion that any rent for the building has been fixed or that there .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-14-2006
Reported in : 2006(2)AWC1851
..... all taxes (the current rent of the building in dispute will be several times higher than rs. 2000/ per month). the suit and the release application under section 21 of the act shall be decided very expeditiously. the dispute in between the parties regarding rate of rent till february 2006 shall be decided in the suit.19. petitioner is also ..... about january 1992 landlord filed suit for eviction being scc suit no. 6 of 1992 on the file of district judge/ jscc allahabad and release application under section 21 of the act numbered as case no. 29 of 1992. in the release application as well as in the suit only smt. kamla bahuguna and sri shekhar bahuguna were impleaded ..... sri shekhar bahuguna. as stated earlier the said order was wholly redundant having no consequence. landlord could very well ignore the same however he filed application under section 16(5) of the act before r.c & e.o for recall of the said order. application was filed in august 1989 copy of which is annexure 3 to the writ petition .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-14-2006
Reported in : 2006(3)AWC2324
..... ram and the respondent - landlords have deliberately not impleaded her as one of the respondents in the application under section 21 of the act and impleaded only other heirs of the deceased tenant.2. it is not disputed that sant ram, the original tenant, died before filing of application under ..... section 21(1)(a) of the act by the landlords. the proceedings remained pending before the prescribed authority since the year 2002 to 2005 and it is decided by the prescribed authority only ..... orderanjani kumar, j.1. the petitioner, an applicant for impleadment in an appeal under section 22 of u.p. act no. 13 of 1972 (hereinafter referred to as the act), filed the application for impleadment as one of the appellants on the ground that the petitioner is the widow of the original tenant (since deceased), sant .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-15-2006
Reported in : 2006(3)AWC2534
..... very beginning, it should be pleaded much before commencement of trial of the suit itself. the proviso to order vi, rule 17 c.p.c. has been added by amending act 22 of 2002 whereby the right for bringing amendment in the pleadings has been restricted to certain extent and it has been specifically provided that no application for amendment shall .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-16-2006
Reported in : 2006(2)AWC1968
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The petitioner was appointed on the post of Safai Karmchari in Nagar Palika Parishad, Shikohabad District Firozabad on 1.8.1972 on permanent basis. He was issued a notice on 30.6.1992 by the then Executive Officer of [he Nagar Palika Parishad informing him that he shall retire from service after three months on 30.9.1992. The petitioner accordingly retired from service on 30.9.1992. No dues were pending against the petitioner at the time of his retirement. After his superannuation the petitioner moved representations dated 6.7.2004 and 17.11.2004 for release of his pension and other retiral dues including gratuity, fund and group insurance, but no payment was made to him. Aggrieved the petitioner has come up in this writ petition praying for a writ in the nature of mandamus commanding the respondents 1, 2 and 3 to pay the pension and other retiral benefits as group insurance, provident fund, gratuity an...
Tag this Judgment!Court : Allahabad
Decided on : Feb-17-2006
Reported in : (2007)213CTR(All)412
..... january, 27, 1995 at the business premises of one m/s. narendra rerolling mills private limited, secundra (hereinafter called third party), reassessment proceedings under section 21 of the act against the present dealer was initiated by the department, giving rise to the present revision. in the aforesaid survey at the business premises of m/s ..... the assessing authority formed a belief that the dealer opp.party has transacted the business outside the books of account, therefore, it issued reassessment notice under section 21 of the act. at the first instance the reassessment notice was issued on 27th march, 1995, before the passing of the regular assessment order.4. it is ..... of reassessment proceedings without recording any finding on the merits of the case, the reassessment proceedings can be reinitiated after issuing a valid notice under section 21 of the act and the materials which were already in possession of the department at the time of issuance of first notice, can be utilized or not .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-21-2006
Reported in : 2006(2)AWC1936
..... possession by the said respondent no. 2. thus, this writ petition has been filed for issuing direction for criminal prosecution of the respondent nos. 2 and 3 under section 392 ipc, and for further direction to release the vehicle and not to charge the interest at exorbitant rate.3. shri b.p. tiwari, learned counsel for the ..... after termination of his services, he did not vacate the said accommodation and a criminal case was lodged against him under sections 406, 408, 409, i.p.c. also taking the assistance of section 630 of the companies act, 1956. the hon'ble apex court held that as the accused had been granted a rent free accommodation as a part ..... the nature and control over the companies is more or less of the same degree and nature as the control exercised over the banking companies under the banking regulation act. there is control and supervision over the functioning, working and the conduct of business of the companies. ...they remain regulatory in nature in the interest of the .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-22-2006
Reported in : 2006(2)AWC1927
..... the very nature of the relationship existing between the parties or sometimes from a peculiar handicap or disability from which that party suffers. section 111 of the evidence act read with section 16 of the contract act, the principle enshrined therein is also extendable to cases where there is a proof of a person dependent, by virtue of his ..... the sale deed validly executed, will not definitely be a finding as to amount holding that the requirements of the provisions of section 111 of evidence act read along with provisions of section 16 of the contract act were in reality fulfilled. when there was no finding recorded in favour of this aspect of the matter by the trial ..... by the trial court that no consideration in the present transaction of sale had passed from the vendee to the vendor. taking the protection of section 25(1) of the contract act, the learned counsel has tried to emphasise that even if no consideration in the present case had passed for the transfer of the property, it .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-22-2006
Reported in : AIR2006All273
..... very nature of the relationship existing between the parties or some times from a peculiar handicap or disability from which that party suffers. section 111 of the evidence act read with section 16 of the contract act, the principle enshrined therein is also extendable to cases where there is a proof of a person dependent, by virtue of his ..... the sale deed validly executed, will not definitely be a finding as to amount holding that the requirements of the provisions of section 111 of evidence act read along with provisions of section 16 of the contract act were in reality fulfilled. when there was no finding recorded in favour of this aspect of the matter by the trial ..... by the trial court that no consideration in the present transaction of sale had passed from the vendee to the vendor. taking the protection of section 25(i) of the contract act, the learned counsel has tried to emphasise that even if no consideration in the present case had passed for the transfer of the property, it .....
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