Nov - High Court of Judicature at Allahabad

More documents

Recommendations

Info

1040 INDIAN LAW REPORTS ALLAHABAD SERIES [2009 Fasals but the chart was submitted by Tahsildars not based on the Fasals but Fasalis i.e. the year which includes both the Fasals namely, Ravi and Kharif. The Selection Committee was also aware of this fact that it has to consider recovery performance of last four Fasals but thereafter it has clearly erred by not confining to consider performance with respect to recovery in last four Fasals but has taken the aforesaid chart to be correct without noticing the fact that the chart (Annexure-CA-2) was prepared on the basis of last four Fasalis and not on the basis of last four Fasals. One Fasali year has more than one Fasal. It is not the entire Fasali year but last four Fasals performance ought to have been considered by the Selection Committee. It has considered performance of the candidates beyond the period for which it is provided under Rule 5(1) of 1974 Rules." 14. The above judgement was taken in Special Appeal No. 294 of 2008, Manbodh Vs. State of U.P. and others connected with Special Appeal No. 398 of 2008, Dev Kumar Vs. State of U.P. and others, decided on 17.07.2009 and the Hon'ble Division Bench while dismissing both the above appeals and confirming the judgment under appeal held as under: "In our considered opinion, the learned Judge was perfectly justified in arriving at the findings on the basis of material available on record and thereafter concluding that the selections had been made contrary to the provisions contained in Rule 5 (1) read with Rule 17 (A) of the Rules. In support of the conclusion drawn, the learned Judge has very succinctly and appropriately drawn the distinction between the words "Fasal" and "Fasali". The meaning of the said words are defined in the Law Lexicon 1997 Edition at page 713, which read as follows:- "Fasl. (A.) Harvest; fasli-jyasti, faslkami. (M.) Addition or reduction in the revenue on account of double crops, or the loss of one. (Bad. Pow. iii. 99) Fasli. Of or belonging to a harvest; the Mahommadan official era. (Bad. Pow. II. 13, 14) Agricultural lease in which the word 'Fasli' is used unless there are indications that the intention of the parties was to use the word in its strict sense, should be held to be for the agricultural year. (LR 2 A. 139 (Rev.) Fasli or Fusli. What relates to the seasons; the harvest year. (Mac. Mhn. Law.) The name of an era instituted by Akbar, who made the samwat year agree with that of the hijra by arbitrarily cutting 649 years off from the former. This was done in the year 963 of the hijra which year was therefore also 963 fasli; but fasli or harvest year was necessarily counted according to the seasons while that of the hijra is the lunar year of only 354 days. Thus a difference of several years has arisen between the hijra year and the fasli year. (See also 1896 AWN 123). Fasli-jasti (Tel.) An extra crop, one more than usual; an extra cess imposed on land bearing more than one annual crop." The aforesaid definitions would, therefore, reflect that the word Fasal means crop whereas the word Fasali is related to the revenue year, which ordinarily in the State of Uttar Pradesh comprises of two harvest seasons - the Kharif and the Rabi. Learned counsel for the appellants could not point out any material to the contrary to persuade us to opine otherwise.
3 All] Aligarh Muslim University and another V.Industrial Tribunal and another 1041 We find no good reason to differ from the view taken by the learned Judge." 15. In the result, the writ petition is allowed. The impugned order dated 03.10.2007 as well as the selection and appointment of respondent no. 4 is hereby quashed. The respondent no. 2 is directed to reconsider the matter of appointment on the post of Collection Peon of the petitioner and the respondent no. 4 in accordance with law and in the light of the observations made hereabove, expeditiously, preferably within a period of two months from the date of production of a certified copy of this order. There shall be no order as to costs. --------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 22.10.2009 BEFORE THE HON’BLE RAN VIJAI SINGH, J. Civil Misc. Writ Petition No. 34240 of 1997 Aligarh Muslim University, Aligarh and another …Petitioner Versus Industrial Tribunal(4), Agra and another …Respondent Counsel for the Petitioners: Ms. Sunita Agrawal Counsel for the Respondents: S.C. Sri J.J. Munir U.P. Industrial Dispute Act-Section 6-A- Restoration of Ex Party award published on 20.04.95-publication of Notice Board on 22.05.95-application for recall of award moved on 25.10.96- allowed on 03.05.97 nowhere in restoration application on date of knowledge disclosed- in spite of registered notices workman did not response- after expiry of 30 days from the date of publicationtribunal become “functus officio” at last its jurisdiction to entertain any application- restoration order set-a-side. Held: Para 15 Under these facts and circumstances, since the application for setting aside the exparte award was filed after the expiry of 30 days of its publication, therefore it could not be entertained as the Tribunal had become functus officio and lost its jurisdiction to entertain any application. Case law discussed: AIR 1981 S.C. 606 14, (2005) 9 S.C.C. 331. 6 and 8, A.I.R. 1985 Supreme Court 294, 2005(2) U.P. L.B.E.C. 1751And 2 008(118) F.L.R. 922. (Delivered by Hon'ble Ran Vijai Singh, J.) 1. This writ petition has been filed for issuing a writ of certiorari quashing the orders dated 3rd May, 1997 and 22nd August, 1997 passed by Industrial Tribunal (4), Agra (respondent No. 1). Vide order dated 3rd May 1997, the Tribunal had allowed the restoration application for setting aside an exparte award dated 10th February, 1995 rendered in Adjudication Case No. 204 of 1994, whereas by the subsequent order dated 22nd August, 1997, the Tribunal had rejected the petitioners' application to recall the order dated 3rd May, 1997. 2. The facts giving rise to this case are that the respondent no 2. claiming himself to be a workman has raised an industrial dispute. The dispute was referred under Section 4-K of the U.P. Industrial Dispute Act, 1947 (hereinafter referred to as Act of 1947) The reference was registered as Adjudication Case No. 204 of 1994 before the Industrial Tribunal (4) Agra. The dispute referred was
Page 1 and 2:
3 All] Smt. Katori Devi V. Nawab Si
Page 3 and 4:
Page 5 and 6:
Page 7 and 8:
3 All] Kailash Babu Gupta V. State
Page 9 and 10:
3 All] Anil Kumar Vashisth V. State
Page 11 and 12:
3 All] Anil Kumar Vashisth V. State
Page 13 and 14:
3 All] Smt. Sadhana Singh V. State
Page 15 and 16:
3 All] Smt. Sadhana Singh V. State
Page 17 and 18: 3 All] Smt. Sadhana Singh V. State
Page 19 and 20: 3 All] Smt. Sadhana Singh V. State
Page 21 and 22: 3 All] C/M, Lok Bharti Inter Colleg
Page 23 and 24: 3 All] Krishan Kumar V. State of U.
Page 25 and 26: 3 All] Smt. Raman Pandey and others
Page 27 and 28: 3 All] Smt. Shailendra Rai V. State
Page 39 and 40: 3 All] Rishi Pal Singh V. State of
Page 45 and 46: 3 All] Naik R.K. Mahapatra V. Chief
Page 53 and 54: 3 All] Jafar Khan V. State of U.P.
Page 55 and 56: 3 All] New India Assurance Co. Ltd.
Page 61 and 62: 3 All] National Insurance Co.Ltd. V
Page 63 and 64: 3 All] National Insurance Co.Ltd. V
Page 65 and 66: 3 All] Vinay Kumar Upadhyay V.State
Page 67: 3 All] Vinay Kumar Upadhyay V.State
Page 71 and 72: 3 All] Aligarh Muslim University an
Page 73 and 74: 3 All] Rishikesh Lal Srivastava V.S
Page 99 and 100: 3 All] Matloob Gaur V.State of U.P.
Page 107 and 108: 3 All] Ashutosh Kumar Tripathi V.St
Page 109 and 110: 3 All] Superintending Engineer and
Page 115 and 116: 3 All] Dr. R.C. Agrawal and another
Page 117 and 118: 3 All] Dr. R.C. Agrawal and another
Page 119 and 120:
3 All] Dr. R.C. Agrawal and another
Page 121 and 122:
Page 123 and 124:
show all

Nov - High Court of Judicature at Allahabad

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?