Court : Allahabad
Reported in : [2008(116)FLR63]
sunil ambwani, j.1. heard shri saish chturvedi for m/s display devices limited, a-41, 42/1, site-iv, industrial area, sahibabad, district ghaziabad and shri y.k. sinha for the workmen.2. the writ petition no. 43422 of 2006 arises out of an application filed by kunwar udai raj singh gautam, the petitioner as payment of gratuity act case no. 47 of 2002 for payment of gratuity for m/s uptron colour picture tube ltd. for the period prior to the date when lock out was declared in the factory and consequential termination of his services on 30.11.1994. he claimed rs. 5,35,501/- towards gratuity for the period of service of 7 years 8 months on the last drawn wages of rs. 7692/-. a written statement was filed by m/s bpl display devices ltd. (former name m/s uptron colour picture tube ltd.) with the objections that applicant was the employee of uptron colour picture tube ltd., which was taken over by m/s bpl display devices ltd. in terms of the rehabilitation scheme sanctioned by the board of industrial finance and reconstruction (bifr) by its order dated 18.4.1996. the name of the company was changed in the meeting dated 29.9.1997. the registrar of companies, u.p. kanpur changed the name of the company w.e.f. 23.3.1998. as per the terms of rehabilitation scheme, m/s bpl display devices ltd. is not responsible for dues of the employees of the erswhile uptron colour picture tube ltd. on merits it was stated in para 5 that the workmen was employed only upto 19.9.1994. there was lock out .....
Tag this Judgment!Court : Allahabad
Reported in : 2004CriLJ1335
u.s. tripathi, j. 1. this appeal has been directed against the judgment and order dated 27-4-1981 passed by iv addl. sessions judge, deoria in sessions trial no. 243 of 1979, convicting appellants mukteshwar (19) and adya pandey (20) under section 302 read with section 34 1pc and sentencing each of them to undergo imprisonment for life.2. the prosecution story, briefly stated, was as under :--gautam pandey (19) deceased was nephew of chandra shekhar pandey (p.w. 1) and brother of purusottam pandey (p.w. 3). the appellants and deceased were residents of village rupai, p. s. khukhundu, district deoria. a year before the occurrence of this case mukteshwar appellant had stolen cycle of mahadeo bania of village vaikunthpur. when mahadeo demanded his cycle from mukteshwar appellant he asked to pay rs. 40/- to which mahadeo agreed. the payment of above rs. 40/- was made through chandra shekhar (p.w. 1). subsequently, mukteshwar appellant did not hand over cycle to mahadeo, nor he refunded the money. when gautam deceased came to know about it he took rs. 40/- from mukteshwar appellant and when mukteshwar demanded back his money he said that he had paid money to his uncle chandra shekhar. this had annoyed mukteshwar appellant. 3. on the night of 20/21-3-79 at about 8.00 p.m. chandra shekhar (p.w. 1) purushottam (p.w. 3) and gautam deceased were sitting in their verandah, appellants mukteshwar and adya who were pattidars came there and called gautam deceased. they took gautam deceased .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(115)FLR736]; (2008)ILLJ1089All
sunil ambwani, j.1. heard shri k.p. agarwal, senior advocate assisted by km. sunita rani gupta and shri v.r. agarwal, senior advocate assisted by shri vivek ratan and shri piyush bhargava for the respondents.2. the 'hawkins cookers mazdoor union sathariya, jaunpur has filed this writ petition through its president shri kamaiapati tripathi for quashing the order dated 23.9.2005 passed by the labour commissioner, u.p. kanpur on a representation made by 'hawkins cookers limited'-respondent no. 4 (the management) to set aside the order dated 8.7.2005 passed by the conciliation officer/assistant labour commissioner, jaunpur. by an amendment allowed by this court on 16.12.2005, the petitioner has further prayed for quashing the order dated 28.9.2005 passed by the deputy labour commissioner, varanasi.3. the petitioner is a registered union of the workmen affiliated with 'centre of indian trade union' (citu), a central federation of trade unions. the union submitted a demand letter dated 3.2.2004 to the management for proper classification of the charge sheets, suspension and punishment orders against the workmen who had taken part in trade union activities to increase the wages; dearness allowance; house rent allowance; leave travel allowance etc, on which the conciliation officer/assistant labour commissioner, jaunpur submitted a report to the additional labour commissioner, varanasi. the management raised an objection that the conciliation proceedings should be held before .....
Tag this Judgment!Court : Allahabad
Reported in : 2005CriLJ995
mukteshwar prasad, j.1. accused-gopal alias mahesh, son of bhoop kachhi, filed this appeal from jail against the judgment and order dated 20-6-1989 passed by the then learned sessions judge, fatehpur whereby he convicted gopal alias mahesh under section 22 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'act') and sentenced him to suffer rigorous imprisonment for a period of ten years and to pay a sum of rupees one lac as fine in the event of default, he was ordered to undergo additional rigorous imprisonment for a term of two years.2. briefly stated, the prosecution case was as under :p.w. 1 s.i. rajendra dhar dwivedi was posted as station officer grp, patehpur on 24-9-1988. he accompanied by two constables, namely, tribhuwan pandey and afsar khan were on duty at platform no. 2/ 3 of the railway station. at about 9-45 p.m. s.i. dwivedi was informed by mukhbir that one miscreant having intoxicating drugs and weapon was waiting on the wooden bench under tin-shed built towards east of the over-bridge for prayag raj express. believing this information, s.i. dwivedi picked up two public witnesses ramesh and ram khelawan and disclosed his mission to them. the police force accompanied by public witnesses and the mukhbir arrived near the said tin-shed and questioned a person sitting on the bench. he did not reply and tried to run away. he was, however, overpowered by the police force with the help of witnesses at about 10.00 p.m.3. after .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)1UPLBEC229
r.b. misra, j.1. in this writ petition the petitioner has prayed for quashing the impugned order dated 12.7,1999 ( annexure-6 ) and for the consequential benefits including promotion, seniority w.e.f. 1990 as had been given to the respondent no. 2 who admittedly was placed below the petitioner in the main select list of 1990, and for further relief of arrears of difference of salary paid and due to the petitioner.2. heard sri prakash padia, learned counsel for the petitioner as well as learned counsel for the respondents.3. the brief facts necessary for adjudication of the writ petition are that the petitioner is m.a. ( hindi and economics ) from university of kanpur. ph.d. in (hindi), b.ed, from bundelkhand university was initially selected in 1990 under subordinate education service (gazetted) (in short sesg) in the pay-scale of rs. 2000-60-2300-e.b. -75-3200-100-3500 (women branch) and was initially appointed as deputy inspectress of girls school (diogs ), district bahraich, u.p. the name of petitioner was shown at serial no. 9 of list for appointment in the order dated 8.6.1990 of director education (basic), u.p. (enclosed as annexure-5 to the writ petition), however, at relevant time the petitioner was assigned and worked as basic education officer. the u.p. public service commission (in short called hereinafter as 'commission'), on the basis of an earlier another advertisement dated 24th august, 1985 ( annexure-1 ) recruited 33 posts of the 'principal' of government .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)1UPLBEC477
s.k. singh, j.1. these are two petitions on the same controversy and therefore, they arc being taken up together. for the purpose of convenience writ petition no. 25417 of 2002 filed by gyan singh and another is being taken up as leading case. other writ petition is writ petition no. 17573 of 2002 filed by neelima srivastava and others in which counter and rejoinder affidavit has also been exchanged. counsel in both the cases on rival sides are the same. as the pleadings are complete for the disposal of the writ petitions, as requested by the learned counsel, the matter is being heard and is being finally decided.2. learned counsel sri ajit kumar who appears for the petitioner, sri p.s. baghel, learned advocate who appears for the university and sri vinay saran who appears for the national council of teachers education have been heard.3. by means of the writ petition filed by gyan singh and another which is writ petition no. 25417 of 2002 prayer has been made for quashing of the order dated 30th may, 2002 passed by the respondent no. 1 (annexure i to the writ petition). by the aforesaid order, a decision has been taken that permission cannot be accorded to the petitioner's college to run b.ed. classes. the prayer of the writ petitioners neelima srivastava and others of writ petition no. 17573 of 2002 is for a direction to the respondents to admit the students in b.ed. classes for the session 2002-2003.4. there happens to be a training college known as kali prasad training .....
Tag this Judgment!Court : Allahabad
Reported in : 2005CriLJ1982
orderr.c. deepak, j.1. the applicants named -- (1) m/s. larsen and toubro ltd., ecc construction group, bhikaji cama place, somdutt chamber-1, r.k. puram, new delhi 110 066 new address at 211. 1st floor, okhla industrial estate, phase iii, new delhi 110 020 (2) shri l. ramakrishnan s/o k. laxmi narayan, (company officer deputed on construction site) resident engineer, l & t, ecc group, somdutt chamber-1, r.k. puram, new delhi -110066 new delhi address at 211, 1st floor okhla industrial estate phase iii, new delhi, 110 020 (3) sri pankaj lalla, s/o suraj prakash lalla, (company officer deputed on construction site) planning engineer, l & t, ecc group, somdutt chamber 1, r.k. puram, new delhi 110 066 new address at 211, 1st floor, okhla industrial estate, phase iii, new delhi 110 020 and (4) shri a.d. huria, s/o chandra bhan huria, regional project manager (b/f), ecc group of l & t-5. somdutt chamber 1, bhikaji cama place, new delhi 110 066 new address at : 21], 1st floor, okhla industrial estate, phase iii, new delhi 110 020 have filed this petition for the quashing of the proceedings inflated on the basis of a charge sheet filed by the investigating officer of the police station barsana, district mathura against the applicants for their prosecution in a criminal case no. 1326 of 2002 pending in the court of additional chief judicial magistrate ii. mathura. a further prayer for the quashing of the orders dated 9-7-2003, 30-9-2003 and 30-10-2003 passed by the said a.c.j.m.2. .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(116)FLR1161]
rakesh tiwari, j.1. list has been revised. counsel for the respondents is not present. heard counsel for the petitioner and perused the record.this writ petition has been filed for quashing the impugned award dated 19.1.2001 (annexure-2 to the writ petition) passed by the labour court (iv), up. kanpur in adjudication case no. 15 of 1999.2. respondent no. 1 workman was appointed on the post of driver in the erstwhile u.p. government roadways in the year 1967. u.p. state road transport corporation was created in 1972. thereafter all the employees of the erstwhile u.p. government roadways were sent on deputation to the corporation.3. it is alleged that the respondent workman was also sent on deputation on 3.5.1972 and thereafter he was absorbed in the services of the corporation in the year 1982. regulation 37 of the service regulations framed by the corporation provides the age of retirement of group-c employees at the age of 58 years. the respondent workman retired from service on attaining the age of 58 years on 31.12.96.4. aggrieved by his retirement the workman raised a dispute before the conciliation officer that he has been given premature retirement and is entitled to continue in service till he attains 60 years of age. conciliation proceedings having failed the following matter of dispute was referred to the labour court (iv) u.p. kanpur, which was registered as adjudication case no. 15 of 1999.d;k lsok;kstdks }kjk vius jfed jh vtht [kkw iq= jh equhj [kkw in pkyd dks 60 .....
Tag this Judgment!Court : Allahabad
v.k. shukla, j.1. present writ petition has been filed by the petitioner for declaring regulation 13 (3) of chapter iii of aligarh gramin bank (staff) service regulations, 1981 as invalid and further for issuing a writ in the nature of certiorari for quashing of the memo dated 13.07.1991 and the seniority list dated 31.12.1990 and 08.03.1990, in so far as they relate to the petitioner and respondent nos. 4 to 7, and also for according consequential benefits.2. brief background of the case as mentioned in the writ petition, is that the petitioner had been performing and discharging duties as clerk-cum-cashier at pilkhana branch of aligarh gramin bank. petitioner has contended that a general seniority list was published under the signature of respondent no. 2 on 01.01.1986 with covering memo dated 30.07.1986, wherein, petitioner was placed in the seniority list of senior clerk -cum- cashier at serial no. 26 above respondent nos. 4 to 7, who were placed at serial nos. 27 to 30 respectively. petitioner has stated that the said seniority list was drawn up in accordance with aligarh gramin bank (staff) service regulations, 1981. however, on 31.12.1989 list was revised and the petitioner was placed below respondent nos. 4 to 7 at serial no. 16 in the seniority list of senior clerk -cum- cashier. the petitioner objected to the said seniority list, and thereafter another seniority list was published on 08.03.1990, then again petitioner objected to. petitioner has stated that no .....
Tag this Judgment!Court : Allahabad
1. we have heard shri ashok khare, senior advocate assisted by shri anil bhushan for the petitioner. shri r.b. pradhan, additional chief standing counsel appears for the respondents. 2. the petitioner retired on attaining the age of superannuation on 31.10.2008. by this writ petition, he has prayed for quashing the order dated 5.2.2010 passed by the state government under regulation 351-a of the civil services regulation, deducting 10% of his pension with permanent effect. the order has been passed by the governor of uttar pradesh in consultation with the u.p. public services commission communicated by the secretary, education department-13, government of u.p., lucknow. 3. the petitioner was appointed in u.p. educational service (junior scale) on 01.10.1973. in the year 1997 he was promoted as director of education and until 21.1.2004 he functioned as director, state council for educational research and training, u.p. for a short period in between he also functioned as director of urdu and oriental language, u.p. the government of india by the order dated 31.12.2003 appointed him on the recommendations of a search committee as chairperson, national council for teachers education, new delhi for a period of four years. he joined on 22.1.2004 and functioned as chairperson, national council for teachers education dated january, 2008. on completion of his tenure he was posted and retired from the post of director, state institute of educational management and training, allahabad. .....
Tag this Judgment!