Court : Allahabad
Reported in : 1998(1)AWC481; (1997)3UPLBEC2036
..... be observed that it would have been better had the petitioner been relegated to the remedy available to him under the u. p. public services tribunal act. 1976 for the tribunal could independently, after taking evidence, decide whether the charges were proved or not and grant appropriate relief. true, this court can grant 'any other ..... have laiddown that where the discharge or dismissal of a workman is not legal or justified, the relief which would ordinarily follow would be reinstatement. the tribunal, however, has the discretion to award compensation instead of reinstatement if the circumstances of a particular case are unusual or exceptional so as to make reinstatement ..... nett shortages worked out as rs. 25,285.39 (rupees twenty five thousand two hundred eighty five and paise thirty nine only) shall be recovered from his claims/bills.' 4. the petitioner challenged the order of punishment in the writ petition which has given rise to this special appeal. the learned single judge allowed the .....
Tag this Judgment!Court : Allahabad
Reported in : I(1988)ACC30
..... the provision of the workman compensation act for determining the amount of compensation. the plea of the insurance company that ..... to be awarded compensation what is provided in the workman compensation act 1923. we are unable to agree with this view. on the application having been made for compensation to the motor accident claims tribunal, the tribunal may proceed in- accordance with the motor accidents claims tribunal act and rules. it cannot import the guidelines nor rely on ..... page 19. we are not satisfied that this is a fit case for admission and interference of the order of the court below. the motor accident claims tribunal has awarded rs. 84,000/- to the claimants no. 1 and 2 who are the parents of the deceased, ashok kumar, victim of the motor .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC515
..... objection has been raised by the learned counsel for the state that the petitioner has an alternative remedy under the provisions of the u. p. public services tribunal act and, therefore, the writ petition is not maintainable.6. in response to the aforesaid preliminary objection, the learned counsel for the petitioner sri ritu raj awasthi and ..... 28. in the case of centurary spinning and . and another v. ulhasnagar municipal council and another : [1970]3scr854 , the apex court found that the parties claiming to be aggrieved by the action of a public body or authority on the plea that the action is unlawful, high handed, arbitrary or unjust is entitled to a ..... court under article 226/227 of the constitution under the provisions of the u.p. public services tribunal act itself.43. the government servant who has deliberately and with open eyes availed his remedy of approaching the public services tribunal, is estopped from urging that he should be relegated to the remedy of the public services .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC65
..... is satisfied that the sugar factory requires larger quantity of sugarcane. consequently a sugar factory can also claim larger quantity of sugarcane at the time of reservation, irrespective of the estimate finalized under section 12 of the act. 17. the learned counsel sri umesh chandra, senior advocate in response to the aforesaid argument has ..... not filing the revision before the prescribed authority and such sugar factory at any time before the order of reservation is passed by the cane commissioner, claims more sugarcane as against the published estimated requirement of sugarcane under section 12. 28. the argument of the learned counsel for the petitioner is that this ..... estimate provided under section 12 is not final and the sugar factory can claim more sugarcane even at the time of allotment of cane reservation centre. the cane commissioner also has ample jurisdiction and authority to enlarge, increase or decrease .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2298
..... promotion of university teachers under the merit promotion scheme. but even if it is so that would make no difference as it is the parent act, namely, university act concerned which should contemplate creation of new source of recruitment by way of departmental promotions of university teachers. unless that is done mere issuance ..... in which the executive council may, with the previous sanction of the chancellor, admit any college fulfilling the conditions of affiliation. section 38 of the act deals with associated colleges and it provides that the conditions of recognition of a associated college shall be prescribed by the statutes or imposed by the ..... account the situation of the individual universities as to whether they are carrying out the programmes of distance learning in accordance with the provisions of the act and the statutes/ordinances framed thereunder. he further contended that ordinances have been framed by the executive council of the rohilkhand university which have not .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)199CTR(All)694; [2006]281ITR229(All)
..... orissa high court held that production bonus and maintenance bonus are in the nature of incentive wages and allowable as deduction under section 37(1) of the act.17. in the present case, tribunal has come to the conclusion that workers were allowed to put in extra time and increase the production by their labour, good attendance and efficiency. for this ..... the business income.2. whether on the facts (sic.) and in the circumstances of the case, the tribunal was correct in law in admitting the claim for payment of incentive bonus over and above the admissible bonus under the payment of bonus act.3. whether, on the facts and in the circumstances of the case, the i.t.a.t. ..... aggrieved with the relief of rs. 12,23,518/- allowed by the commissioner of income-tax (appeals). the appellate tribunal dealt with the matter in paragraphs 9 to 17 of its order in the following words and allowed the claim of the assessee in regard to the incentive bonus of rs. 22,23,518/- in full:-'9. we have heard .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)196CTR(All)207; [2006]284ITR642(All)
..... dates falling in the financial year 1996-97. they had also filed return under the wt act disclosing the following wealth : arun kumar maheshwari rs. 15,08,100 ajay kumar maheshwari rs. 3,64,960 amit kumar maheshwari rs. 1,72,8004. it is claimed by the petitioners that in the return of wealth they had filed complete details of their wealth ..... assessments for those years.'19. the constitution benches of the hon'ble supreme court, in k.s. rashid & sons v. it investigation commission : [1954]25itr167(sc) , sangram singh v. election tribunal, kotah : [1955]2scr1 union of india v. t.r. varma : (1958)iillj259sc state of u.p. v. mohammad nooh air 1958 sc 86 and k.s. venkataraman & co. v. state ..... including them in the assessment for the year 1943-44. in that case the ito had brought to tax these cash credits in the asst. yr. 1944-45 and the tribunal had held that it was to be included if at all in the asst. yr. 1943-44. this court has held that it is true that the assessee did not .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3493
..... received the arbitralaward or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal. 28. provided that if the court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months ..... to the ratio laid down by the supreme court interpreting section 85(2)(a) read with section 21 of the arbitration and conciliation act, 1996 in shetty's construction company pvt. ltd. v. konkan railway construction and another, (1998) 5 scc 599 contended that in view of the fact that the petitioner had already made a request ..... and differences arising, between the parties to this agreement in the matter of meaning and interpretation of these articles of agreements and conditions whether giving rise to any claim settlement or not concerning the works, during or after the construction of building, shall be referred to a sole arbitrator by mutual agreement of parties to this .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ132
..... echolons since human dignity is a dear value of our constitution. it needs no emphasis that no one can demand absolute immunity even if he is wrong and claim unquestionable right and unlimited powers exercisable up to unfathomable cosmos. any recognition of such power will be tantamount to recognition of 'divine power' which no authority on ..... petition no. 1911 of 2001 the prayer of the petitioner atique ahmad, who happens to be a member of legislative assembly for the last 12 years continuously and claims to be popular equally between hindus and muslims belonging to apna dal, has come up with following prayers :(i) to issue a writ, order or direction in ..... , 149, 352, 386, 504, 506, 323, 365 ipc section 7 criminal law amendment act, section 2/3 of uttar pradesh gangsters and anti social activities (prevention) act, 1986 and section 3(1)-x sc/st act, police station shahganj, district allahabad. he claims, inter alia, to be a mandal adyaksha of allahabad mandal of apna dal, a political party .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2035
..... chandra kumar (supra), in fact has rendered the remedy under the central administrative tribunal act as an alternative remedy while making the writ jurisdiction under article 226 of the constitution available to a person claiming relief in respect of matters falling within the ambit of the said act either before the tribunal or before this court under article 226 of the constitution. therefore, this court ..... of the writ petition in view of section 28 read with sections 14 and 19 of the central administrative tribunal act, 1985. according to him, by reason of ouster of jurisdiction and conferment of the jurisdiction on the tribunal specially constituted under the said act, the petitioner is precluded from seeking his remedy before this court under article 226 of the constitution on ..... d.k. seth, j.1. the petitioner is an employee in the northern railway. he was sought to be transferred from one place to another by an order dated 14.7.1995. this order has been sought to be challenged by means of .....
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