Court : Allahabad
Decided on : Jul-21-2003
Reported in : 2003(4)AWC2849; (2004)ILLJ80All
..... also from the khadi and village industry commission. it has nowhere been stated or shown as to how it is working under the said commission. sub-section (1) of section 2 of the act clearly states that when a schedule employment is carried on by, or under the authority of the central government, the appropriate government would be the ..... condition of the petitioner and also no opportunity was given to it prior to the issuance of the notification, thus, the action was in violation of section 27 of the act. a perusal of the notification annexed with the writ petition shows that the proposal was earlier notified and the advisory board was also consulted before fixing minimum ..... from the petitioner's centre, weave it in their home and then return the finished product to the centre but the act applies even to such employees. sub-section (1) of section 2 defines an employee. the definition in the act includes such out workers. the apex court in the case of lok nath nathu lal v. state of m. p .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-21-2003
Reported in : (2003)3UPLBEC2254
..... this does not amount to manufacture as no new item different from tobacco comes into existence by such process.11. it may be mentioned that section 2 (a) of the act defines agricultural produce as follows :''agricultural produce' means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry or ..... is alleged in paragraph 6 of the writ petition that this product (zafrani patti and zafrani zarda) is not agricultural produce as defined in section 2(a) of the act. the petitioner purchases raw tobacco/processed tobacco outside the mandi samiti, allahabad. the method of manufacture of zafrani zarda and zafrani patti is given ..... -1 to the writ petition demanding mandi fee from the petitioner and asking him to obtain licence under section 17 of the u.p. krishi utpadan mandi adhiniyam, 1964 (hereinafter referred to as 'the act'). the petitioner has also prayed for a mandamus directing the respondent mandi samiti, allahabad not to charge .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-15-2003
Reported in : III(2003)ACC643
Mukteshwar Prasad, J.1. First Appeal From Order No. 517 of 1981 filed by Uttar Pradesh State Road Transport Corporation (hereinafter referred to as the Corporation) is directed against the judgment and order dated 25.4.1981 passed by Sri D.K. Trivedi, the then Additional District Judge/Claims Tribunal, Kanpur, whereby he allowed the claim petition of respondent No. 1 and awarded Rs. 32,680/- in all as compensation along with interest at the rate of 6% per annum from the date of filing of the claim petition.2. First Appeal From Order No. 568 of 1981 was filed on behalf of Sanjay Awasthi, claimant against the judgment and order dated 25.4.1981 passed by Sri D.K. Trivedi, the then Additional District Judge/Claims Tribunal, Kanpur whereby his application for compensation was partly allowed and the Corporation was directed to pay Rs. 32,680/- as compensation along with interest.Since both these appeals have arisen out of one judgment and order dated 25.4.1981, as such, both the appeals were...
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2003
Reported in : (2003)3UPLBEC2266
..... employee is wholly misconceived and is not binding on the workman concerned.5. learned counsel for the workman relied upon the provisions of section 2 (t) of the u.p. industrial disputes act which reads as under;'settlement means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer ..... the 'settlement', the employer have miserably failed to demonstrate that there was any settlement which was communicated to the workman. for this purpose provisions of section 6-b (4) of the u.p. industrial disputes act, 1947 has also been relied upon which provides as under:'6-b. (4) where a settlement under sub ..... -section (1) has been refused registration, it shall not be binding under this act.'7. the industrial tribunal, thus, recorded a finding that the alleged settlement has no local sanctity. the learned representative submitted that the employer have .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2003
Reported in : 2004CriLJ950
..... p.w. 6) along with other witnesses.39. smt. kaushalya (p.w. 6) had also explained the absence of injury on her person. she stated that on hearing sound of explosion of bomb she awoke and came out of the room to see as to what was happening. the appellants moti lal and virendra singh saw her and chased her. she ..... died. other injured sustained injuries. appellants took out the motorcycle kept inside the house of sita ram and set it at fire. hearing shrieks of the injured and sound of explosion of bomb and gunfire udai bhan and ram bilas came to the spot and saw the occurrence. smt. manju singh (p.w. 5) came to the police station hata ..... shall be called his cross-examination. the examination of a witness, subsequent to the cross examination by the party who called him, shall be called his re-examination. section 138 of the indian evidence act says that witnesses shall be first examined in chief then (if the adverse party so desires) cross examined, then (if the party calling him so desires) re .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2003
Reported in : (2003)3UPLBEC2213
..... mala fide are prima facie preponderous. authorities holding preliminary enquiry had not been fair to him and we have no hesitation to hold that they were biased and had acted for extraneous considerations, and it is a fit case where the suspension order ought to have been quashed. but considering the gravity of the charges, and particularly, ..... committee. if he was of such an opinion he ought to have reported to the disciplinary authority in advance before the conclusion of the enquiry. his failure to act in a legal manner, thus, exposes a particular frame of mind of the state's governance in this matter. if such a letter was received by the disciplinary ..... of the competent authority who can always review its order of suspension being an inherent power conferred upon him by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2003
Reported in : (2003)3UPLBEC2496
Anjani Kumar, J.1. Heard learned Counsel for the parties.2. The petitioner, by means of this writ petition under Article 226 of the Constitution, has claimed the following reliefs :'(i) To issue a writ, order or direction in the nature of mandamus commanding the respondents to fix seniority of the petitioner alongwith the candidates of 1989-90 session of Sub-Inspector, all consequential benefits.(ii) To issue a writ, order or direction in the nature of mandamus commanding the respondents to give all benefits after fixing his seniority from 1989-90 session.(iii) To issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the difference of the salary as the arrear with penal interest.(iv) To issue any such other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case.(v) To award the costs of this writ petition to the petitioner.'3. The facts leading to the filing of the present writ petition ...
Tag this Judgment!Court : Allahabad
Decided on : Jul-11-2003
Reported in : (2003)2UPLBEC1817
..... the writ petition. hence, this writ petition.4. in our opinion, there is no merit in this petition. from a perusal of the notification under section 4 read with section 17 of the act (annexure 2 to the petition), it is evident that the land is needed for a public purpose, viz., for planned industrial development in district gautam budh ..... which some super-structures have been constructed out of the development scheme. in such a situation where there is real urgency, it would be difficult to apply section 5a of the act, in the case of few bites of land on which some structures standing and to exempt the rest of the property from its application.'13. we ..... heard learned counsel for the petitioners, learned standing counsel, and shri vinod misra for noida.3. on 30.3.2002, a notification under section 4(1) read with section 17(1) of the land acquisition act was issued proposing to acquire 779.55 acres of land in village sadarpur, tahsil dadri, district gautam budh nagar (noida) for the benefit .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-11-2003
Reported in : (2003)IIILLJ1048All; (2003)2UPLBEC1665
..... to dismiss both the writ petitions but with a direction to the central government to consider whether the employment of contract labour should not be prohibited under section 10 of the act in any process, operation or other work of bhel, hardwar. there will also be a direction to the chief labour commissioner to enquire into the ..... any establishment should be abolished or not. this is a matter for the decision of the government after considering the matters required to be considered under section 10 of the act. similarly the question whether the work done by contract labour is the same or similar work as that done by the workmen directly employed by the ..... clear that parliament has not abolished contract labour as such but has provided for its abolition by the central government in appropriate cases under section 10 of the contract labour (regulation and abolition) act, 1970. it is not for the court to enquire into the question and to decide whether the employment of contract labour in any .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-08-2003
Reported in : [2004]134STC436(All)
..... respect of his purchases within the state. hence there can be no doubt that intra-state purchases made by the petitioner can be subjected to tax under the act.22. section 8-e is only a convenient method of collecting tax which the legislature thought may otherwise would have been evaded.23. in west u.p. sugar mills association v. state ..... turnover of sales or purchases or both, as the case may be which shall be determined in such manner as may be prescribed.'21. it may be noticed that section 3 of the act imposes tax on not only sales but also on purchases. since the petitioner is purchasing the goods from the farmers/agriculturists, and he is a dealer within the ..... the vehicle was informed about it on july 9, 2001 by the notice dated july 8, 2001, annexure 2 to the writ petition, which has been issued under section 8-e of the act. a perusal of the said notice shows that the detention has been made because the petitioner has not deducted the tax from the sellers/ agriculturists and has not .....
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