Court : Allahabad
Decided on : Jan-31-2006
Reported in : AIR2006All163; 2006(3)AWC2474
ORDERUmeshwar Pandey, J.1. Heard Sri Ravi Kant, learned Senior Advocate assisted by Sri Vishal Agarwal.2. This petition under Article 226 of the Constitution of India has been moved challenging the order dated 26-11-2005 passed by the District Judge in Civil Revision No. 674 of 2005 rejecting the revision of the petitioner.3. In a suit for permanent injunction the plaintiff had died. When a matter in revision arising out of the same suit was pending before the District Judge, the substitution application of the deceased plaintiff was moved before the revisional court, which was allowed and subsequent amendments were incorporated in the memo of revision. Thereafter, the revision was decided and the record was sent to the trial court where the petitioner-defendant moved application (79-C) for abating the suit for not recording substitution in the plaint. The trial court rejected this application on the ground that substitution had already been recorded in the proceedings of revision befo...
Tag this Judgment!Court : Allahabad
Decided on : Jan-27-2006
Reported in : 2006(3)AWC2341
..... the interim order, the opposite parties neither allowed the applicant to join his duties nor paid his salary. consequently, the applicant filed the present contempt application under section 12 of the contempt of courts act alleging willful disobedience by the opposite parties in not complying with the interim order passed by the court in the writ petition. notices were issued and, the ..... termination order. despite the interim order if work is not taken or even salary is not paid discriminating such person from the other employees who are paid salary, the negative act would be in derogation of the orders passed by the court which not being treated with respect or having binding effect. the inaction and even non-payment of salary in .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-27-2006
Reported in : 2006(2)AWC1270
..... deleted by 1999 amendment from the code. the principle of law laid down by the apex court and otherwise also under the inherent power of the court, as enshrined under section 151, c.p.c, the court has every jurisdiction to pass any such order, which in its opinion appears to be just and proper for proper dispensation of justice to ..... been taken away. para 33 of the judgment is important in this regard, which is reproduced as below:order xviii, rule 2(4) which was inserted by act 103 of 1976 has been omitted by act 46 of 1999. under the said rule, the court could direct or permit any party, to examine any party or any witness at any stage. the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-25-2006
Reported in : 2006(3)AWC2775; [2006(108)FLR1041]; (2006)IILLJ651All
..... to him, he will get rs. 396,42 and less and nothing more than that.16. in the result, the order passed by the district judge under section 20 of the act is no doubt vitiated and is liable to be set aside.17. i quash the judgment of the district judge dated 10.3.87.18. the writ petition ..... ,''wages'' has accordingly been recast and made comprehensive and clear.9. aggrieved by the order passed by the proscribed authority, the respondent workmen then filed an appeal under section 20 of the act, in which, the appellate authority came to the conclusion that the petitioner had failed to comply with the notification because the. company came in the 'gha' category ..... this writ petition has been filed against a judgment dated 10.3.87 passed by the district judge in an appeal filed by the respondent workman under section 20 of the payment of wages act, 1936.3. the undisputed facts of the ease are that the respondent workmen were working with the petitioner belonging to skilled category, in the trade of .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-25-2006
Reported in : 2006(3)AWC2339
..... to him by the respondent: no. 2, prescribed authority/divisional forest officer (social forestry), etawah, under section 52a(4) of the act to show cause why the vehicle no. uar-9714 owned by the petitioner be not seized. the petitioner submitted his reply on 25.4.2003, in which it ..... truck no. ura 9714. the petitioner was not named in the first information report which was registered as forest crime no. 121/02-03 under sections 26/52 and 55 of indian forest act and rule 3/28 of the corresponding rules. since the truck in question was owned by the petitioner, a notice dated 26.3.2003 was issued ..... whereby the respondent no. 2, prescribed authority/divisional forest officer (social forestry), etawah, has seized the vehicle of the petitioner under section 52a of the indian forest act, 1927 (hereinafter referred to as the act) as amended by u.p. act no. 1 of 2001 with effect from 16.4.2001. the order dated 8.3.2004, whereby the appeal of the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-2006
Reported in : 2006(3)AWC2354(All)
..... the same is being reproduced below-29. the bsa had passed the order for single operation on 23rd october, 1999 under the second proviso to section 5 of the payment of salary act. this was in pursuance of some letter of the jde dated 22.4.1999, it is admitted that neither the copy of the letter of ..... impugned orders has been given. the order of single operation of the account can be passed only under sections 5 and 6 of the u.p. junior high school (payment of salary of teachers and other employees) act 1978 and the registrar firms societies and chits has got no power and jurisdiction to pass an order dated ..... the petitioners.2. the petitioners' church city junior high school educational society, thaterwada, underkot, sadar, merut, district meerut, is a duly registered society under the societies registration act and was also approved and recognized by the district basic education officer meerut and also by the deputy registrar firms, societies and chits, meerut. the registrar, firms, societies .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-2006
Reported in : 2006(3)AWC2336
..... was notified as a scheduled caste under the constitution (scheduled caste order 1950). that the parliament by means of scheduled castes and scheduled tribes order (amendment act 2002) being act no. 10 of 2003 published in official gazette of india dated 8.1.2003 notified the gond caste as a scheduled tribe. the aforesaid facts are ..... seek any change in category which he has mentioned in the application form. however changes effected in the reservation by the state government or by an act of parliament, till the date of declaration of result would become applicable automatically and the candidate concerned is liable to be considered against a particular reserved ..... treated to be the members of the scheduled castes. the claim of the petitioner against the reserved category of scheduled tribes was not considered despite the parliamentary act no. 10 of 2003. faced by the aforesaid situation petitioners have approached this court with the allegations that more than 50% of the vacancies within the .....
Tag this Judgment!Court : DRAT Allahabad
Decided on : Jan-18-2006
Reported in : 3(2006)BC115
..... the memo of appeal relates back to the date of filing of the appeal and as such no amendment comes in. however, a petition had been filed under section 5 of the limitation act, wherein it was stated that although the amendment petition was filed long back, but the same was taken up for hearing on 15th july, 2004 and as such ..... is calculated, the same cannot be as per agreed rate of interest, when the loan was taken, but could be as per discretion of the court/tribunal as contemplated under section 34 of cpc and as such his contention is that if the interest is found to be payable, then the same should be on the settled amount of rs. 9 ..... was made within the stipulated time.4. the respondents' side has first of all taken the preliminary objection that the appeal is not maintainable under the provisions of the rddbfi act as the recovery case was disposed of on the basis of the compromise between the parties and a compromise decree cannot be assailed of in the appeal. this submission was .....
Tag this Judgment!Court : DRAT Allahabad
Decided on : Jan-18-2006
Reported in : II(2006)BC30
..... tribunal decided the said legal issue against the appellant and dismissal of proceeding was recorded and hence the present appeal.3. although it appears that the learned tribunal had considered section 149 of the c.p.c. and also a judgment of the apex court as but basic fundamentals have been erred by the tribunal in deciding the issue.4. ..... then although no objection was raised either by the appellant or from the defendants, the appellant thought it fit that it should pay the court fee as per the amended act itself and as such prayer was made so as already mentioned above as though petition filed on 28.7.2001. such petition was filed before the tribunal and as such ..... raised regarding deficit court fees and the suit proceeded as it was on the maximum court fees paid by the appellant as per the unamended m.p. court fees act and the suit was also transferred to the tribunal at the same stage and nowhere there was any objection regarding deficit court fees after the suit was revived before the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-17-2006
Reported in : 2006(3)AWC2497; [2006(108)FLR1210]; (2006)IILLJ948All
..... the wages of the respondent workmen. they were in fact claiming 'potential wages', which is clearly not within the scope of the jurisdiction of the authority under section 15 of the act as has been laid down by the hon'ble supreme court in the case of a.v. d'costa (supra). i respectfully agree with the dictum of ..... c. patel and anr. reported in : [1955]1scr1353 wherein a five judges bench of the hon'ble supreme court has held that the scope of provisions of section 15 of the act is limited to wages but has no jurisdiction to determine the question of 'potential wages'. i quote from this judgment--the authority has the jurisdiction to decide what actually ..... or delay in payment of wages and penalty for malicious or vexatious claims.10. learned counsel for the petitioner has also argued that the jurisdiction under section 15 of the payment of wages act, 1936 is limited and summary in nature and is confined to claims which arise out of illegal deductions and delay in the payment of wages and .....
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