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Uttaranchal Court January 2004 Judgments

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Jan 21 2004

Ram Charan Yadav Vs. Nagar Palika Parishad and anr.

Court: Uttaranchal

Decided on: Jan-21-2004

Reported in: (2004)IILLJ870UC

Rajesh Tandon, J.1. Heard the learned counsel for the parties at length. By the present writ petition the petitioner has prayed for the issue of a writ, order or direction in the nature of certiorari quashing, the order of respondent No. 2 dated October 2, 1998, Annexure-1 to the writ petition.2. Briefly stated the facts giving rise to the present writ petition are that the petitioner was appointed as a clerk in the office of Nagar Palika Parishad, Bajpur, District Udham Singh Nagar on daily wages and he was continuously working since April 10, 1989. On October 2, 1998 an order was served upon him in which respondent No. 2 Executive Officer, Nagar Palika Parishad, Bajpur has mentioned that the services of the petitioner has been terminated by oral order of the Chairman of Nagar Palika Parishad with effect from September 23, 1998. The order to this effect issued by the Executive Officer, Nagar Palika Parishad is quoted below:'Vernacular matter omitted.'3. The petitioner has also mention...


Jan 14 2004

Ami Chand Vs. Uttaranchal Forest Development Corporation and Three ors ...

Court: Uttaranchal

Decided on: Jan-14-2004

Reported in: [2004(101)FLR622]; (2004)IIILLJ60UC

Rajesh Tandon, J. 1. By means of this writ petition the petitioners have prayed for the issue of a writ or order in the nature of mandamus commanding the respondents to reinstate petitioners with continuity of service with back wages in pursuance of the judgments and order dated August 21, 2003 and September 24, 2003. Further prayer was made for the issue of a writ in the nature of mandamus commanding the respondents to grant the same benefits to the petitioners, as other similarly situated employees who were party in Writ Petition No. 1376 of 2001, Writ Petition No. 511 (S/S) of 2003, 6747 (S/S) of 2001 and 1539 (S/S) of 2003, have been given under the judgment and order dated August 21, 2003 and September 24, 2003 passed by this Court.2. Brief facts giving rise to the writ petition are that the petitioners No. 1 to 10, 13 and 14 were working as Scalar under the respondents since 1981-82 and petitioner Nos. 11 and 12 were working as Chaukidar. According to the petitioners, their servi...


Jan 07 2004

Bharat Heavy Electricals Ltd. Vs. Controlling Authority Under Payment ...

Court: Uttaranchal

Decided on: Jan-07-2004

Reported in: (2004)IILLJ400UC

Rajesh Tandon, J.1. Heard the learned counsel for the parties at length.2. By the present writ petition the petitioner has prayed, for the issue of writ, order or direction in the nature of certiorari quashing the order dated December 26, 1996 passed by the Controlling Authority/Deputy Labour Commissioner, Meerut under the Payment of Gratuity Act, 1972.3. Briefly stated the facts giving rise to the present writ petition are that respondent No. 2 Sri M.L. Sharma filed a complaint under the Payment of Gratuity Act, 1972, before the Controlling Authority under Payment of Gratuity Act, Meerut with the allegations that he was retired from BHEL after completing 30 years of service on September 24, 1995. He was getting salary of Rs. 3,524.76 at the time of his retirement. He prayed for a direction to the petitioner BHEL for payment of gratuity to him with interest.4. Petitioner BHEL has filed objections and contested the claim petition. The main contention of the petitioner BHEL was that Sri ...


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