Court : Rajasthan
Decided on : Mar-02-1988
Reported in : II(1988)ACC259; [1989]65CompCas367(Raj)
Bhargava, J.1. This is a miscellaneous appeal by the owner of a truck, against the award dated July 24, 1985, passed by the Motor Accidents Claims Tribunal, Jaipur, amounting to Rs. 1,20,000. The appeal came up for admission on October 18, 1985. Shri Rajendra Soni appeared on behalf of respondents Nos. 1 to 6 and notices were issued to respondents Nos. 7 and 8 as to why the appeal should not be admitted. It was admitted on October 29, 1985, and notices were issued to respondent No. 8. When the appeal came up for hearing, one of the points raised in this appeal was that since the goods vehicle (truck) was insured under a comprehensive policy, the whole amount awarded as damages by the Tribunal should be recoverable from and payable by the insurance company, and reliance was placed on Smt. Chand Kanwar v. Mannaram, AIR 1986 Raj 2; [1988] 63 Comp Cas 721 (Raj). Learned counsel for the insurance company submitted that he had already filed an appeal against the said judgment which is still ...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-14-1988
Reported in : II(1989)ACC267; 1990ACJ903
Sobhagmal Jain, J. 1. This appeal and the cross-objections are directed against the award dated January 5, 1985 of the Motor Accidents Claims Tribunal, Banswara, awarding a sum of Rs. 1,50,000/- as compensation to the claimants.2. The accident, out of which the present case arises, took place on June 13, 1981, on Banswara-Udaipur Road in between the villages Barlia and Mordi, resulting in the death of Niranjan Kumar Nagar, who was 25 years of age at the time of the accident. A claim petition was filed by Kanti Nagar and Usha Nagar, mother and wife respectively of the deceased. It was alleged that the accident was caused by the rash and negligent driving by Poonjalal, driver of the bus No. GRT 7583 of the Gujarat State Road Transport Corporation. According to the claimants, Niranjan Kumar Nagar, who was a tempo driver, was carrying two passengers, namely, Kishore Singh and Madan Singh in his tempo and was going from Banswara to Chirawala. The tempo developed some trouble and, therefore,...
Tag this Judgment!Court : Rajasthan
Decided on : May-06-1988
Reported in : [1989(58)FLR217]; (1994)IIILLJ922Raj
Milan Chandra, J.1. This writ petition has been filed under Article 226 of the Constitution of India with the prayers that the order (Annexure-II) of the learned Industrial Tribunal-cum-Labour Court, Jodhpur, dated August 3, 1985 be quashed and the respondent No. 1 be directed to make payment of Rs. 4,561.60 P, with interest to the petitioner. The facts of the case giving rise to this writ petition may be summarised thus.2. The petitioner was Junior Filter Attendant, Filter House, Jodhpur in the year 1965. He had prolonged illness during the years 1965, 1966 and 1967. He reported on duty on January 1, 1968. He was not taken back in service. At the instance, the State Government made a reference under Section 10, Industrial Disputes Act (hereinafter to be called the Act). It was decided by the Industrial Tribunal No. 2, Rajasthan, Jaipur on January 22, 1975, directing that the petitioner would be taken back in the service on his production of a medical fitness certificate. It was also o...
Tag this Judgment!Court : Rajasthan
Decided on : May-26-1988
Reported in : 1988(2)WLN465
S.N. Bhargava, J.1. This writ petition has been filed challenging the Award dated 29-6-1977 (Annexure-1) passed by the Judge, Labour Court, Jaipur, by which it was held that Zila Parishad is an 'industry' within the meaning of Section 2(j) of the Industrial Disputes Act, 1947, (here in after referred to as the Act of 1947'), and that the termination of the non petitioner No. 1 was improper, unjustified and illegal, being violative of Section 25F of the Act of 1947, and therefore, he was entitled to reinstatement in service with full back wages.2. The writ petition was admitted on 25-9-1978, but the State application filed along with the writ petition was rejected, and therefore the impugned Award dated 29-6-1977 has been implemented, and the non-petitioner No. 1 was taken back in service.3. Since the writ petition involves an important question as to whether Zila Parishad is an 'industry' within the meaning of Section 2(j) of the Act of 1947, a general notice was also issued to the lea...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-18-1988
Reported in : 1988(2)WLN275
Pana Chand Jain, J.1. Since common question of law is involved in all the above mentioned writ petitions, they are being disposed of by a common order.2. The petitioner of D.B. Civil Writ Petition No. 895/88, is a Unit of Shree Bijay Cotton Mills, Bijay Nagar, petitioner of D.B. Civil Writ Petition No. 896/88 is a unit of Mahalaxmi Mills Beawar, petitioner of D.B. Civil Writ Petition No. 897/88 is a unit of Edward Mills, Beawar and petitioner of D.B. Civil Writ Petition No. 898/88 is a unit of Udaipur Cotton Mills Udaipur. The petitioner is a subsidiary Corporation of the National Textiles Corporation Ltd., New Delhi (for short 'NTC' here in after) is a company incorporated under the Companies Act. The petitioner's various units named above were the companies in the private sector and since they were in liquidation the management of their units were taken by the Central Government under the provisions of the Sick Textile (Taking over of Management) Act, 1972 in the year 1972 and subseq...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-05-1988
Reported in : 1988WLN(UC)135
1. Heard learned Counsel for the parties.2. Mr. S.R. Singhi invited attention of this Court to a decision of the Division Bench of this Court in D.B. Civil Special Appeal No. 272(A)/72 LIC of India and Ors. v. Shri B.N. Bhatnagar decided on 5-10-1985 by the Jaipur Bench. It has been held that the Life Insurance Corporation Development Officers (Alteration of Remuneration and other Terms and Conditions of Service) Order, 1978 and the Life Insurance Corporation of India (Staff) Sixth Amendment Regulations, 1978 shall have overriding effect over the provisions of the Industrial Disputes Act, 1947. In view of the provisions contained in Life Insurance Corporation (Amendment) Act, 1981 where by Sub-sections (2A), (2B) and (2C) have been added to Section 48 of the Life Insurance Corporation Act. The validity of the said amendments have been upheld by the Supreme Court in the case of A.V. Nachna v. Union of India : (1982)ILLJ110SC .3. In view of the aforesaid decision, this writ petition is h...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-01-1988
Reported in : 1988WLN(UC)500
I.S. Israni, J1. This appeal under Section 19 of the Family Court Act, 1984 has been filed against the judgment dated July 9, 1987 passed by learned Judge, Family Court, Jaipur in Civil Case No. 81/86 by which he rejected the petition filed by the appellant under Section 7 of Guardian and Wards Act, 1890 for custody of his minor son Rinku.2. Briefly the facts as stated in the appeal are that the appellant and his parents and brothers constitute a joint Hindu family and reside together in their house at Jaipur. Besides mother and father of the appellant, he has five brothers and one sister. The appellant who is eldest son in the family is B.Com. and is employed Junior Accountant in P. and T. Department, Jaipur. The marriage of the parties took place on May 10, 1971 and son Rinku was born from their wedlock on June 5, 1981. It is stated that respondent is a woman of hot temperament and was pressing the appellant to break his relationship of the joint Family and reside separately with her...
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