- (1.) Heard Sri B.N. Singh, learned Counsel for the appellant-petitioners and Sri R.K. Srivastava for the respondents. This special appeal has been filed against the judgment and order dated 3rd May, 2010 passed by a learned Single Judge of this Court dismissing the writ petition.
(2.) The case of the appellant-petitioners was that they were seasonal employees of the Ghatampur Sugar Company Ltd., which is a subsidiary company of U.P. State Sugar Corporation Limited. The petitioners' case is that the Government decided to close down several sugar undertakings/sugar mills owned and controlled by respondents No.l and 2, hence a voluntary retirement scheme for permanent and seasonal employees was enforced. The petitioners made an application, under the said scheme, which was accepted. A letter dated 15th November, 2009 was issued to the petitioners informing that their applications under the voluntary retirement scheme have been accepted and they be treated to be relieved from 15th November, 2009. The petitioners' case further is that although they were required to be paid all dues but the retaining allowance with effect from 13th January, 2009 to 15th November, 2009 has not been paid. They filed the writ petition relying on Clause 'K' of the. Sugar Standing Order as quoted in paragraph 15 of the writ petition. The learned Single Judge dismissed the writ petition taking the view that the claim of the petitioners requires consideration of facts, which can be appropriately adjudicated before the Labour Court.
(3.) Sri B.N. Singh, learned Counsel for the appellants, challenging the order of learned Single Judge, contended that there was no disputed question of fact on the basis of which the appellants could have been relegated to Labour Court. He submits that even though the remedy of the Labour Court is available to the appellants but this Court in facts of the present case was fully entitled to exercise its jurisdiction under Article 226 of the Constitution of India. He further submits that in cases of breach of fundamental rights the recourse to the writ petition under Article 226 of the Constitution of India is fully justified. He has placed reliance on the judgments of the Apex Court.in the cases of State of West Bengal and others v. Committee for Protection of Democratic Rights, West Bengal and others, 2010 87 AllIndCas 1, and Secretary, State of Karnataka and others v. Umadevi (3) and others, 2006 109 FLR 826. He has also placed reliance on a judgment of this Court in the case of Sompal Singh v.Artificial Limbs Mfg. Corpn, 1994 69 FLR 109.;