Uttaranchal Court October 2012 Judgments
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M/S. Garhwal Motor Owners Union Limited Vs. Presiding Officer, Labour ...
Court: Uttaranchal
Decided on: Oct-17-2012
B.S. Verma, J. Oral: Since similar controversy is involved in these writ petitions, therefore, for the sake of convenience, they are being decided by this common order. In Writ Petition No. 417 (M/S) of 2001, a writ of certiorari has been sought for quashing the award dated 18-7-1995 which was published on 27-3-1996 and become enforceable w.e.f. 27.4.1996 U/S 6-A of U.P. Industrial Disputes Act, given by Labour Court, Dehradun in Adjudication Case No. 128 of 1993. In Writ Petition No. 7573 (M/S) of 2001, a writ of certiorari has been sought for quashing the award dated 14-12-1995 which become enforceable w.e.f. 27.4.1996, given by Labour Court, Dehradun in Adjudication Case No. 41 of 1992. The facts in short are that the owners of Buses put their buses into one pool which is known as Garhwal Motors Owners Union Limited Kotdwara. The buses belong to individual members and company charges commission for plying those buses and is engaged in the business of running of vehicles for carrying...
F.R.i. (Salary Earners), Cooperative Society Ltd. Vs. Presiding Office ...
Court: Uttaranchal
Decided on: Oct-12-2012
B.S. Verma, J. 1. By means of this petition the petitioner has sought a writ in the nature of certiorari quashing the impugned orders dated 21-10-1997, 25-4-1998 (Annexure Nos. 1 and 2 to the writ petition), passed by Labour Court, Dehradun in Misc. Case No. 51/1997 H.K. Bahuguna Vs. F.R.I. 2. Brief facts of the case giving rise to this writ petition are that, the petitioner is a Cooperative Society, registered under the Cooperative Societies Act, 1965. In the year 1980-81 the annual general meeting of the society passed a resolution to pay D.A. to its workers, but since the financial position of the Society became precarious and the Society did not have funds, a resolution was passed in the general meeting held on 30-9-1991 that the D.A. to the workers shall be suspended from July, 1991 onwards till such time the financial position improves and 9% dividend is paid to the members of the Society. Being aggrieved by the resolution the workers filed a petition U/S 3 of the Timely Payment ...
Harendra Singh and Others Vs. Union of India and Others
Court: Uttaranchal
Decided on: Oct-08-2012
1. There are 14 writ petitioners. In 1991/1992, they were appointed as ad hoc Teachers by the Principal, Kendriya Vidyalaya, New Tehri Town or by the Principal, Kendriya Vidyalaya, Uttarkashi. In the appointment letters, it was mentioned that their ad hoc appointments will continue up to a certain date, mentioned in the appointment letters. In some cases, it was up to 30th April, 1991, in some other, it was up to 22nd December, 1992, like that. It was provided that such ad hoc appointments will continue up to the date so mentioned or till the regular incumbent joins and whichever is earlier. Petitioners contend that such appointments were made after following Article 39 of the Rules governing Kendriya Vidyalaya Sangathan. In that, it has been provided that recruitment to the post of teaching staff shall be made centrally by the Headquarters Office / Regional Office. The said Article provides for an exception only in case where the Headquarters / Regional Office is not able to post cent...
Ajay Kaushik Vs. 4th Additional District Judge and Another
Court: Uttaranchal
Decided on: Oct-01-2012
B.S. Verma, J. (Stay Application No. 10536 of 2012) 1. This revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (for short the Act), is directed against the ex part judgment and decree dated 31-5-2012 passed by the Additional District Judge/4th F.T.C./Judge, S.C.C., Dehradun (for short the J.S.C.C.) in S.C.C. Suit No.67 of 2011, Keshar Singh Vs. Ajay Kaushik, whereby the suit of the plaintiff-respondent no.2 has been decreed ex parte and the defendant-revisionist has been directed to vacate the premises in suit and handover its vacant possession within a period of 30 days to the plaintiff-respondent no.2 and to pay the arrears of rent and damages @ Rs. 6000/- per month as mentioned in the impugned judgment and decree. The revisionist has further assailed the order dated 21-9-2012 passed by the learned J.S.C.C. whereby the application for setting aside ex parte decree has been rejected as not maintainable for want of compliance of mandatory provisions as contained i...
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