Court : Rajasthan
Decided on : Mar-08-1972
Reported in : AIR1972Raj317; 1972()WLN176
Kan Singh, J.1. The three appeals before me were called on for hearing together as they raise common questions of law. Appeal No, 53 of 1965 is by the Employees' State Insurance Corporation, hereinafter to be referred as the 'Corporation', and has been lodged under Section 82 of the Employees Insurance Act, 1948, hereinafter to be referred as the 'Act', against the judgment of the Civil Judge. Jaipur City, dated 30-4-1965 disallowing certain claims for employees' contribution under the Act for a period anterior to 1-1-1959 namely, from 2-2-1956 to 31-12-1958. Appeal No. 54 of 1965 is again by the Corporation and is directed against the judgment of the learned Civil Judge dated 31-3-1965 disallowing certain claims. Appeal No. 58 of 1965 is by the Executive Engineer i.e., the employer awarding a decree in favour of the Corporation in respect of certain items of claim.2. I may narrate the facts with reference to Appeal No. 53 of 1965.3. The Corporation presented an application under Secti...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-16-1972
Reported in : 1972WLN553
P.N. Shinghal, J.1. As a common question of law arises in these four petitions under Article 226 of the Constitution, they have been heard together at the request of the learned Counsel and will be disposed of by a single judgment.2. Petitioner Rameshwarlal (in S.B. Civil Writ petition No. 70 of 1968) was an employee of the State Government as a lower Division clerk in the Rajasthan State Roadways Department. He passed the Accounts Clerk's qualifying Examination in 1964. The Rajasthan State Road Transport Corporation was constituted, and the petitioner's name appeared in the seniority list of the lower division clerks of the Corporation. He was selected for promotion as a Commercial Accounts Clerk, against a temporary post, by order Ex. 3 dated August 7, 1965, and was posted in that capacity at Udaipur. The State Government issued a notification on April 15, 1966 by which the employees were asked to exercise their option whether they wanted to continue in the service of the Corporation...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-22-1972
Reported in : [1974]44CompCas144(Raj); [1974]94ITR11(Raj); 1972()WLN563
P.N. Shingal, J.1. This is an application of the official liquidator under Sections 446 and 460(4) of the Companies Act, 1956, hereinafter referred to as ' the Act ', in regard to the Golcha Properties Private Ltd , hereinafter referred to as 'the company'. The official liquidator was appointed as the provisional liquidator of the company on December 5, 1967, and an order was made for the winding up of the company on May 10, 1968, when the official liquidator became the liquidator. The Income-tax Officer issued notice, annexure ' I ', to the liquidator on August 29, 1968, notifying him under Section 178 of the Income-tax Act, 1961, that he should set aside a sum of Rs. 41 lakhs on account of the taxes payable, or likely to be payable by the company. The liquidator sent reply, annexure ' II ', requesting the Income-tax Officer to obtain the leave of this court under Section 446 of the Act as the company was under liquidation by the order dated May 10, 1968. The Income-tax Officer did no...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-14-1972
Reported in : 1972WLN215
Kan Singh, J.1. This is an appeal under Section 82(2) of the Employees' Insurance Act, 1948, hereinafter to be referred as the 'Act', longed by the Regional Director on behalf of the Employees State Insurance Corporation, hereinafter to be referred as the 'Corporation', and is directed against the order of the Employees Insurance Court (Civil Judge), Ganganagar, dismissing an application made by the Corporation under Section 75(2) of the Act for the recovery of employees' contribution from the respondents in respect of the employees of the Water Works maintained by the Municipal Council of Ganganagar at Ganganagar.2. The Corporation averred that the Water Works maintained by the Municipal Council, Sri Ganganagar, was a factory as defined in Sub-section 12 of Section 2 of the Act and consequently the Municipal Council as employer was liable to pay contribution as required by Section 40(1) of the Act at the rates provided under Section 39 read with Schedule I of the Act to the Corporatio...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-20-1972
Reported in : 1972WLN1008
B.P. Beri, J.1. By its order dated the 20th of July, 1968 the Motor Accidents Claims Tribunal, Ajmer (hereinafter called 'the Tribunal') rejected the claim in both the appeals beating Nos. 93 and 94 of 1966 on the ground that the accident bad taken place prior to the constitution of the Tribunal and was, therefore, not capable of being taken cognizance of by it. These two appeals raise an identical point and are therefore being disposed of by this judgment,2. Succinctly stated the circumstances which proceeds the two appeals, are these: In between the night of 5th and 6th June, 1964 a bus bearing No. RJY 2035 was proceeding from Ajmer to Udaipur carrying petitioners Fatehlal and Mohanswaroop, the two claimants, amongst other passengers. From the opposite direction a truck bearing No. RJZ 2190 came and collided with the bus aforesaid, causing injuries to the right hand of petitioner Fatehlal and on the right elbow of petitioner Mohanswaroop Fatehlal and Mohanswaroop presented two claim ...
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