Court : Rajasthan
Reported in : (1993)IILLJ961Raj
G.S. Singhvi, J. 1. In both these writ petitions a common question of law about the applicability of the Rajasthan Shops and Commercial Establishment Act, 1958 to the employees of the petitioner Bank, is involved and, therefore, I have considered it proper to dispose them of by a common order.2. Briefly stated the facts of Writ Petition No. 4088/89 are that the non-petitioner No. 2 filed an application before the Prescribed Authority, Rajasthan Shops and Commercial Establishments Act, 1958 for Sikar District on March 30, 1989 alleging that he was in the employment of the Sikar Central Co-operative Bank Ltd. (hereinafter referred to as the 'Petitioner Bank'), w.e.f. January 1, 1979. He had remained posted as Manager and there was no complaint against his work. He was removed from service on March 8, 1989 without any notice and without payment of salary in lieu of notice. No enquiry was held against him before termination of service and no opportunity of hearing was afforded to him. He c...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(1)WLC452; 1992(1)WLN500
G.S. Singhvi, J.1. In both these writ petitions a common question of law about the applicability of the Rajasthan Shops and Commercial Establishment Act, 1958 to the employees of the petitioner Bank, is involved and, therefore, I have considered it proper to dispose them of by a common order.2. Briefly stated the facts of Writ Petition No. 4088/89 are that the non-petitioner No. 2 filed an application before the Prescribed Authority, Rajasthan Shops and Commercial Establishment, Act, 1958 for Sikar District on 30-3-89 alleging that he was in the employment of the Sikar Central Cooperative Bank Ltd. [hereinafter referred to as the 'Petitioner Bank'), w.e.f. 1-1-79. He had remained posted as Manager and there was no complaint against his work. He was removed from service on 8-3-89 without any notice and without payment of salary in lieu of notice. No enquiry was held against him before termination of service and no opportunity of hearing was afforded to him. He claimed that the provision...
Tag this Judgment!Court : Rajasthan Jodhpur
1. The instant writ application witnesses a challenge to the award dated 6th September, 1996, passed by the Labour Court, Ajmer. The President, Ajmer Adhyogik Karmachari Sangh, Ajmer, (hereinafter referred to as 'petitioner-Sangh', for short), in the writ application, has prayed for the following relief(s):- "(A) Call for the relevant file LCR No.4/96(35/84- Ajmer Udyog Karmachari Sangh V/s M/s Toshniwal Industries Pvt. Ltd., Ajmer) from the Respondent No.1. (B) To issue a writ of mandamus, order or direction and thereby quash and set aside the Award Ex.3 and consequently declar "lay off" of workman of Servashri Dhan Singhi, Shanker Singh and Ratan Singh (vide Ex.1/Ex. M-3 and Ex.2/ Ex.-M-5) as illegal, unlawful and invalid. (C) Issue a writ of mandamus, order or direction and thereby direct the manangement to pay to the aforesaid workmen the arrears of wages with all consequential benefits, deducting the amount already paid to them. (D) Costs of this writ petition be also allowed to t...
Tag this Judgment!Court : Rajasthan Jodhpur
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER State Farm Corporation vs. Labour Court, of India & anr. Sri Ganganagar & ors. S.B.Civil Writ Petition No.2978/2000 under Article 226 & 227 of the Constitution of India. Date of Order:8. h of May, 2015 PRESENT HON'BLE MISS JUSTICE JAISHREE THAKUR Mr. Manish Shishodia with Mr. Arjun Bhattar, Counsel for the petitioners. None present for the respondents. BY THE COURT:1. The present writ petition has been filed challenging the award dated 8.9.1999 by which the Labour Court has ordered reinstatement of respondent-Jamil Ahmed along with 50% back wages from 10.2.1999.2. The respondent no.2 Jamil Ahmed approached the Conciliation Officer, inter alia, alleging that he had been retrenched illegally. A reference was made vide Notification dated 10.2.1993 on the basis of which a case was registered before the Labour Court, Bikaner. Respondent no.2 submitted his claim petition contending that he had worked from 15.11.89 to 16.11.1990...
Tag this Judgment!Court : Rajasthan Jodhpur
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.CIVIL WRIT PETITION No.4570/2002 State of Rajasthan & ORS.versus Shri Gajanand Sharma & ORS.Date of Order : October 29, 2013 HON'BLE Mr.JUSTICE P.K.LOHRA, J. Mr.Vimal Mathur, Govt. Counsel for the petitioneRs.Mr.S.K.Mathur, for the respondent-workman. ****** The petitioners have preferred this writ petition against the impugned award dated 08.12.2000 (Annexure/1) passed by th learned labour Court, Bikaner, whereby while adjudicating the reference made by the appropriate Government, the learned labour Court has found that the retrenchment of the respondent-workman is bad in law, as the same is in gross violation of the mandatory provisions contained under Section 25 F,G and H of the Industrial Disputes Act, 1947 (for short hereinafter referred to as the Act of 1947).While concluding that retrenchment of the respondent workman is bad in law, the learned labour Court has set aside the retrenchment of the workman with effect fr...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj2879; 2009(3)WLN219(1)
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the orders Annexure-10 dt. 03.01.1994, Annexure-11 dt. 31.12.1993 and Annexure-15 dt. 03.05.1994 and a direction to the respondents to reinstate him in service with all consequential benefits including the payment of salary, annual grade increments, seniority, further promotion etc.2. Briefly stated facts to the extent they are relevant and necessary for the decision of this writ petition are that the petitioner initially came to be appointed in the year 1977 on the post of Clerk-cum-Godown Keeper. However, he became eligible for the promotion on the post of Junior Management, Grade-I and therefore, applied for the same and was qualified in the written test as well as in interview and thereupon, he came to be promoted on the post of Junior Management, Grade-I w.e.f. 01.11.1988 and has been working with the respondent-State Bank of Bikaner and Jaipur (for short...
Tag this Judgment!Court : Rajasthan
Reported in : (2009)IVLLJ225Raj; RLW2009(3)Raj2029; 2009(3)WLN571
K.S. Rathore, J.1. Petitioner Gopal Prasad Varshney was appointed on the post of Clerk in the respondent Bank on 23.01.1965 after giving age relaxation of two and half years in view of his additional qualification and retired from the post of Senior Manager on attaining age of superannuation on 31.07.1995. The pension scheme was introduced in the Banking Industry in November, 1993. The respondent Bank also framed its own employees pension regulation in 1993. The total service of the petitioner with the respondent Bank was 31 years, whereas for 100% pension 33 years service is required and for short of 2 years service, the petitioner wanted to take the benefit of Rule 26(c) of The Bank of Rajasthan Limited (Employees') Pension Rules, 1996 (for short 'the Rules of 1996') as prior to the service with the respondent Bank, the petitioner had served in the Rajasthan State Ware Housing Corporation for the period from 01.08.1959 to 09.01.1965. To this effect, the petitioner submitted his repre...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj3117
ORDERPrem Shanker Asopa, J.1. Heard learned Counsel for the parties.2. By this writ petition the petitioners-State has challenged the award of the labour Court dated 27.6.1994 (Annexure/6) whereby the respondent No. 2 who was working in Femine Relief works has been reinstated whose termination has been declared illegal and void on account of non-compliance of Section 25F of the Industrial Disputes Act, 1947 and further he has been granted the relief of reinstatement with continuity of service with all back wages.3. The fact relevant for the purpose of deciding the controversy is that the respondent-workman was appointed on 1.10.1987 and has worked upto 30.11.1988 in the Femine Relief Works.4. The submission of counsel for the petitioners-State is that the Femine Relief Works is exempted from the provisions of Industrial Disputes Act, 1947 on account of framing of the enactment of the State called as the Rajasthan Femine Relief Works Employees (Exemption from Labour Laws) Act, 1964 (for...
Tag this Judgment!Court : Rajasthan
Reported in : (2009)221CTR(Raj)631
Sangeet Lodha, J.1. This appeal under Section 260A of the IT Act, 1961 (in short 'the Act of 1961' hereinafter) is directed against order dt. 16th Oct., 2001 passed by the Income-tax Appellate Tribunal, Jodhpur Bench, Jodhpur (in short 'Tribunal' hereinafter), whereby an appeal filed by the Revenue against the order dt. 20th Feb., 1994 passed by the Commissioner of Income-tax (Appeals), Udaipur [in short 'CIT(A)' hereinafter] setting aside the order passed by the Assessing Officer (in short 'AO' hereinafter) dt. 28th Oct., 1993 to the extent of disallowing certain expenditure, stands dismissed.2. The return for the asst. yr. 1991-92 was filed by the assessee on 13th Dec, 1991 showing a total income of Rs. 3,41,99,319. However, a revised return was filed by the assessee on 4th Jan., 1993 showing loss of Rs. 43,72,27, 027. In the revised return, the assessee claimed deduction under Section 37 of the Act of 1961 on account of investment in construction of Ghosunda Dam as revenue expenditu...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1394
R. S. Chauhan, J.1. A serious accident occurred in the dead of the night of 18-2-2002, causing death of twelve persons and injuring to three persons. An award dated 19-8-2006 passed by Motor Accident Claims Tribunal Jhunjhunu ('the Tribunal' for short) has brought 15 appeals before this court.2. In the instant appeal the appellant Corporation has challenged the award whereby its claim, for the damages to the bus, was rejected.3. Brief facts of the case are that on 18-2-2002 around fifteen persons were travelling in a Marshal jeep, bearing registration No. HR-20F/2370, towards Salasar. Around eight kilometers after Jhunjhunu and about twenty seven kilometers from police station Nawalgarh, around 11.30 at night the said Marshal jeep collided with a bus belonging to the Rajasthan State Road Transport Corporation ('the Corporation' for short). The accident was so serious that out of fifteen passengers, eight passengers died on the spot, and seven passengers were referred to the Hospital. O...
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