Court : Allahabad
Decided on : Feb-13-2003
Reported in : 2003(2)AWC1321; [2003(97)FLR221]; (2003)IILLJ732All; (2003)2UPLBEC1147
..... under section 5a and section 5b respectively of the employees provident fund and miscellaneous provisions act, 1952 (19 of 1952). or the 'indian airlines' and 'air india' corporations established under section 3 of the air corporations act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956) or the oil and natural gas commission established under section 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporations act, 1962 ..... not make arrangement to pay the gratuity within thirty days, when it becomes payable, the workman becomes entitled for interest. for ready reference section 7(3) and section 3a are quoted below :'7. determination of the amount of gratuity,--(1) a person who is eligible for payment of gratuity under this act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed for payment of such gratuity. (3) the employer shall arrange to pay the amount of gratuity .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-19-2003
Reported in : [2006]129CompCas977(All); [2004]51SCL438(All)
..... be any objection from proceeding with, with the fixed assets and other securities of the appellant company. reliance has been placed upon the case of life insurance corporation of india v. escorts ltd. : 1986(8)ecc189 wherein the apex court has observed as under :'... generally and broadly speaking, it may be said that the corporate veil may be lifted where a statute itself contemplates lifting the veil, or fraud or improper conduct is intended to be prevented, or a taxing statute or a ..... bank certifies in writing that such company is unable to pay its debt.(3) a copy of every application made by the bank under sub-section (1) shall be sent to the registrar of companies.(4) all the provisions of the companies act, 1956 (1 of 1956) relating to winding-up of a company shall apply to a winding-up proceeding initiated on the application made by the bank under this provision.section 45-q says that chapter iii-b shall override all the laws for the time bei ..... the order of the company judge allowing winding up of the company. it is not being disputed by the learned counsel for the appellant that the issuance or service of notice under section 434 of the companies act is not a condition precedent for filing a winding up petition against the company under section 433 of the act.43. provisions of section 434 create a deeming fiction or a strong presumption against the defaulting company, in case a notice as required under the said provision is served upon the company and the company still .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-2003
Reported in : 2004(2)AWC1742
R.B. Misra, J.1. Heard Sri S.K. Chaturvedi, learned counsel for the petitioner and Sri V.K. Verma, learned counsel holding brief of Sri V.K. Singh, learned counsel for the respondents, and with the consent of learned counsels for the parties writ petition is decided finally at this stage in view of the Second Proviso to Rule 2 of Chapter XXII of the Allahabad High Courts Rules, 1952.2. In this petition prayer has been made for quashing the order dated 13.6.2001, whereby the petitioner's application for getting appointment on compassionate ground has been rejected, and further prayer has been made for issuance of mandamus commanding the respondents to consider the application of the petitioner for compassionate appointment.3. According to the petitioner, the mother of the petitioner, while deployed as Class IV employee in U. P. State Road Transport Corporation, died on 31.8.1995. On the death of his mother the petitioner, whose date of birth is 18.2.1982, being eldest male member in the...
Tag this Judgment!Court : Allahabad
Decided on : Dec-01-2003
Reported in : 2004(1)AWC6
M. Katju, J. 1. This petition discloses a great fraud perpetrated by the answering respondents in collusion with the authorities.2. This writ petition has been filed for a writ of certiorari to quash the impugned order dated 24.11.2001 Annexure-1 and for a mandamus directing the respondent Nos. 1 to 3 to forthwith take back possession of the property in dispute from respondent Nos. 8 to 10. It is further prayed that a C.B.I, enquiry be directed against the respondent Nos. 2, 3 and 7 to the writ petition.3. Heard Sri Deepak Jaiswal learned counsel for the petitioner and Sri V. B. Singh learned counsel for the respondents.4. The property in dispute is plot No. 56, area 1 bigha 5 Biswa situate in the city of Mirzapur which belonged to the late Bhairav Prasad Jaiswal who donated the said land for the purpose of an Eye Hospital by executing a Will on 7.11.1954 by which he created a trust for the said purpose in which the District Magistrate and one Anil Banerjee were the trustees. After the...
Tag this Judgment!Court : Allahabad
Decided on : Nov-14-2003
Reported in : 2004(1)AWC858; (2004)IILLJ727All; (2004)1UPLBEC816
R. K. Agrawal, J.1. The present Special Appeal has been filed against the Judgment and order dated 22nd February, 2000 passed by the learned single Judge in Civil Misc. Writ Petition No. 4294 of 1993 by which he has allowed the writ petition and set aside the order of termination of services of the writ petitioners. The learned Judge further directed the opposite parties to reinstate the writ petitioners in service and consider the case of their regularisation. However, they shall not be entitled for back wages from the date of termination till the date of reinstatement.2. Briefly stated the facts giving rise to the present special appeal are as follows :According to the writ petitioners, who are five in number, they were employed as mate on 1st October, 1989 in the Public Works Department, Allahabad. They were initially employed in Departmental Construction Unit, Public Works Department, Allahabad and were placed on temporary muster roll from 10.10.1989 to April, 1991. They were subse...
Tag this Judgment!Court : Allahabad
Decided on : Nov-14-2003
Reported in : (2004)1UPLBEC415
B.S. Chauhan, J.1. This writ petition has been filed for quashing the impugned advertisement dated 22nd October, 2003 (Annexure-2) and the preceding Government Order dated 27th September, 2003 (Annexure-3), providing for appointment of D.G.C. (Criminal) and Additional Government Advocate in District Ballia.2. Facts and circumstances, giving rise to this case are that petitioners No. 1 to 4 were appointed as Assistant District Government Counsel (Criminal), vide order dated 27th July, 1992 and petitioner No. 5 as Additional Government Advocate vide order dated 3rd August, 1992 in District Ballia (Annexures-4 and 5), for a period of one year, i.e., upto 31st July, 1993. Their appointment had been renewed from time to time. Last renewal was made on 30th October, 2000 for a period of three years, i.e., upto 29th October, 2003 by the State Government. Instead of renewing the cases of the petitioners, an advertisement dated 22nd October, 2003 (Annexure-2) has been issued in pursuance of the ...
Tag this Judgment!Court : Allahabad
Decided on : Nov-05-2003
Reported in : 2004(1)AWC339; (2004)2UPLBEC1360
B. S. Chauhan, J.1. This writ petition has been filed for quashing the order dated 24th August, 2003 (Annexure-3) passed by the Bar Council of India, hereinafter called the 'B.C.I.', by which it has rejected the application of the petitioners permitting them to open a new law college at Muriyari town (District Ghazipur) for the reason that it does not have a judicial District Headquarter.2. Facts and circumstances giving rise to this case are that petitioner No. 1 is a Society registered under the Societies Registration Act. Petitioners applied for approval of affiliation/permission of opening a new law college in town Muriyari in district Ghazipur. The Government of Uttar Pradesh as well as the University granted the affiliation and no objection certificates for opening the new college. The B.C.I, sent an inspection team and after having local inspection, the said team made a recommendation in favour of the petitioners. However, by the impugned order, the B.C.I. disapproved the said r...
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : (2004)2UPLBEC1503
R.B. Misra, J.1. Heard Sri Puneet Saxena, learned Counsel for the petitioner and Sri Lalji Sinha, learned Counsel for the respondents.2. In this petition prayer has been made for issuance of mandamus commanding the respondents to appoint the petitioner as Class-Ill employee on the compassionate ground and for issuance of any suitable writ order or direction at the pleasure of the Court.3. It appears that the father of the petitioner namely J.G.Shevdey while working as Head Constable No. 410 in Railway Protection Force, Jabalpur Division and at the relevant time posted at Chibki, Allahabad died on 20.2.1989 leaving behind the petitioner and two sisters (already married) as the legal heirs. The petitioner made an application before the Divisional Security Commissioner, Railway Protection Force, Jabalpur (Madhya Pradesh) for getting appointment as Sub-Inspector on the compassionate ground. A letter dated 12.5.1989 was issued to the petitioner informing that the petitioner cannot be recrui...
Tag this Judgment!Court : Allahabad
Decided on : Sep-26-2003
Reported in : 2003(4)AWC3444
M. Katju and R. S. Tripathi, JJ.1. This writ petition has been filed for a writ of mandamus directing the opposite parties to pay Rs. 1,00,000 of amount of insurance policy with upto date interest.2. The petitioner claims to be a nominee of Policy No. 310175506 taken by one Matapher Tiwari from the Life Insurance Corporation of India, Indira Bhawan, Civil Lines, Allahabad. According to the petitioner, Shri Matapher Tiwari was his grandfather and had nominated the petitioner for payment of the above policy. Shri Matapher Tiwari died on 15.11.1995 and the petitioner informed about his death to the authorities on 10.1.1996 but when he did not receive any information from the opposite parties till 20.3.1996, he sent a reminder to the opposite parties. The petitioner claims that on 1,6.1996 he received an acknowledgment of his letter sent to the respondents and asking him to furnish certificate of death of the deceased. In compliance of this letter, he sent the required death certificate. T...
Tag this Judgment!Court : Allahabad
Decided on : Sep-12-2003
Reported in : I(2004)ACC179; 2005ACJ1501
Prakash Krishna, J.1. The present appeal arises out of dismissal of the claim petition filed by the appellant under Motor Vehicles Act, 1939. The court below has rejected the Claim Petition No. 33 of 1981 on the finding that the appellant has failed to prove that the vehicle was being driven rashly and negligently and the appellant was injured as a result thereof. The other issues have been decided in favour of the appellant.2. The facts of the case lie in narrow compass. Claimant on 4.2.1981 reached Hathras Roadways Bus Stand by travelling through Roadways bus. Claimant stepped down from the bus. The Roadways workshop and the Roadways bus stand are separated by a wall. The separating wall fell down suddenly and it caused compound fracture on the left leg of the claimant. A claim petition giving rise to the present appeal was filed. The said claim petition was contested by the respondents on the allegations that bus No. URB 231 was standing in the workshop at a slopy place in gears for...
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