Court : Punjab and Haryana
Decided on : May-16-1962
Reported in : AIR1963P& H360; [1963(6)FLR99]; (1963)IILLJ14P& H
D. Falshaw, C. J.1. This is an appeal under Clause (10) of the Letters Patent against the order of Shamsher Bahadur, J. dismissing an appeal filed by the Birla Cotton Spinning and Weaving Mills, Delhi, against the order of the Senior Subordinate Judge, Delhi, acting as Judge of the Employees' State Insurance Court under the provisions of the Employees' State Insurance Act of 1948.2. The matter is rather an old one since it arises from the fact that an employee of the appellant company named Banke Lal was on authorised leave without pay for the periods (i) from the 17th to the 30th of November 1952, (ii) from the 1st to the 14th of December 1952 and (iii) from the 22nd to the 28th of December 1952. The Act provides for the payment by the employer in the first instance of both employer's and employee's contributions to the fund at the rates specified in the schedule to the Act, but authorises with certain limitations the recovery by the employer from the employee of the latter's contribu...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-06-1962
Reported in : [1963]14STC51(P& H)
ORDERGrover, J.1. This is a petition under Articles 226 and 227 of the Constitution in which the facts may be stated.2. The petitioner is a doctor and carries on practice as a specialist in radiology, i.e., diagnosis and treatment of diseases with the help of X-ray appliances etc. Respondent No. 3, the East Asiatic Company (India) Private Ltd., supplied to the petitioner X-ray equipment consisting of-(a) high tension generator (which raises the voltage from 200 volts to 1,25,000 volts);(b) a control which regulates the voltage and amperage to the X-ray tube.(c) X-ray tube itself which generates X-ray;(d) stand to hold the tube; and(e) one X-ray couch with which a 2nd X-ray tube is fitted and with which examination of different parts of inside of human body is made.3. The total cost of this equipment is stated to be Rs. 1,60,000. The petitioner claims that the said appliances could be used only for the purpose of diagnosis as well as treatment of the patients and has been imported for t...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-29-1962
Reported in : AIR1963P& H104
ORDER1. This civil revision is preferred by Union of India against the plaintiff Bakhshi Amrik Singh who was Station Superintendent at the Railway Station Ambala.2. The facts giving rise to this case are that the plaintiff joined service of the North Western Railway on 28th of August, 1927, and had been in the railway service ewer since. According to the rules governing his service the age of retirement is 55 years. The Divisional 'Personnel Officer, New Delhi on 23rd of January 1961 sent a communication to the officers concerned of the Railway Depratment to the effect that Shri Amrik Singh was due to retire on 14th of July 1961 and the General Manager had desired that he might be relieved in time and information was sought if any monies were due from him on account of any claim of Railway or of Government on 24th of May 1S61. The plaintiff made an application for amendment of the order contending that the dale of his birth was not 15-7-1906 but 18th of July 1907 and therefore he would...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-19-1962
Reported in : AIR1963P& H221
1. This judgment will dispose of two Letters Patent appeals Nos. 103-D and 108-D of 1950 against the Judgment of a learned Single Judge of this Court in an appeal under Section 54 of the Land Acquisition Act.2. Land measuring 2,626 Bighas 14 Biswas situate in village Khampur was acquired by the Government for construction of a Transmitter. The requisite notification under Section 4 of the Land Acquisition Act was issued on 9th February, 1955. Various persons, Including the appellants, who claim to be non-occupancy tenants in a part of the acquired land, put in their claims which werenone into by the Collector who gave his award on 27th February, 1956. A supplementary award was made on 13th March, 1956. The appellants, who were claimants Nos. 35 to 56 before the Collector, objected to the payment of the compensation to their landlords, contending that under the provisions of the Delhi Reforms Act 8 of 1954, they had acquired the status of Bhumidars, and as such were entitled to receive ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-1962
Reported in : (1963)IILLJ40P& H
Dulat, J.1. On 20 April 1958, an application -on behalf of 34 workmen employed by the Malout Transport Company (Private), Ltd., was filed before the Labour Commissioner, Punjab, claiming on behalf of the workmen and of course from the employer-company a sum of Rs. 16,185 The claim was based on a settlement between the employer and the employees arrived at in June 1955, according to which the management bad agreed to pay night allowance to their employees in the same manner as had been awarded by the industrial tribunal in favour of the employees of another company called the Kartar Bus company of Jullundur. The Labour Commissioner, on receipt of the application, issued notice to the Malout Transport Company, but there was no appearance put in on behalf of the company, and on 21 June 1958, therefore, the Labour commissioner issued a certificate of recovery addressed to the Collector stating that Bs. 16,185 was recoverable from the company. The certificate was granted under Section 330, ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-09-1962
Reported in : AIR1963P& H22; [1963]33CompCas459(P& H)
ORDERTek Chand, J. 1. My order dated October 23, 1961, in this case (since reported in AIR 1968 Punj 190) may be treated as a part of this judgment. The preliminary issues in both the petitions (C. O. 16 and C. O. 28 of 1960) were decided by me by that order in favour of the petitioner and now the evidence on the remaining issues has been recorded and by this order I will dispose of the issues on merits namely, issues 4, 5, 6 and 7 in C. O. 16 of 1960 and issues 6, 7, and 8 in C. O. 28 of 1960, both sets of issues being similar. Issue No. 7 in C. O. 16 of 1960 and issue No. 8 in C. O. 28 of 1960 are no longer controversial as the counsel for respondents 2 and 9, daring the course of arguments, admitted that their clients were share-holders of the company.2. I may now take up issue No. 4 in C. O. 16 which is in identical language as issue No. 5 in the connected case. The case of the respondents is that no list of contributories was settled by the joint liquidators and no notice was rece...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-01-1962
Reported in : AIR1963P& H187
Shamsher Bahadur, J.1. This appeal arises out of a suit instituted by the two plaintiffs Parmeshwari Das and Sant Ram as trustees in respect of property known as Mandir Shri Nanidev Kalla Dhari Ji Maharaj in Bahawal-pur State for rendition of accounts against their co-trustees Bal Kishan Das and Gosain Jamna Das, hereafter referred to as the first and second defendants. In this suit were also impleaded Bhiwani Das who is now dead and Sardul Singh, as defendants Nos. 3 and 4. The fourth defendant in effect supports the plaintiffs' suit.The suit has been decreed by the learned Sub-ordinate Judge, Amritsar, and a final decree for recovery of a sum of Rs. 1,87,123/8/3 with full costs has been passed against the first defendant. As the Court did not consider the plaintiff-trustees to be fit enough to receive this sum the defendant has been directed to make a deposit of it in some bank. Interest on the decretal amount has to be charged at the rate of 4 1/2% per annum from the date of the sui...
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