- (1.) HEARD learned Counsel for the parties and perused the record.
(2.) THE present writ petition under Article 226 of the Constitution of India has been preferred against the impugned judgment and order dated 07 -05 -1991, passed by U.P. Public Services Tribunal, Lucknow, in Claim Petition No. 33/F/III of 1991. The Tribunal has dismissed the claim petition on the grounds that U.P. Krishi Utpadan Mandi Parishad is not an industry and the claim petition filed by the Petitioner was time barred. Learned Counsel for the Petitioner has invited attention of this Court towards two judgments of Hon'ble Supreme Court, copies of which have been filed as Annexure Nos. 3 & 12 to the writ petition.
(3.) IT has been submitted by learned Counsel for the Petitioner that the Petitioner had filed the Writ Petition No. 537/1988 under Article 32 of the Constitution of India before the Hon'ble Supreme Court and that writ petition was dismissed by Hon'ble Supreme Court vide judgment and order dated 21 -01 -1991. The writ petition No. 536/1988 connected with W.P. No. 1371/87, filed by other employees was also dismissed by their Lordships of Hon'ble Supreme Court vide judgment and order dated 16th August, 1989 by giving liberty to the Petitioners to approach the U.P. Public Services Tribunal within a period of one month with the observation that the State shall not raise objection as to delay and jurisdiction. The Tribunal shall dispose of the matter expeditiously on merits and in accordance with law. The order dated 16th August, 1989 passed by Hon'ble Supreme Court in Writ Petition No. 536/1988 connected with W.P. No. 1371/1987, is reproduced as under: The Petitioners are not in service, the fact of which is not in dispute. In view of this circumstance, we are of the opinion that it is proper for the Petitioners to approach the U.P. Service Tribunal for relief and if they approach the Tribunal within one month from today, the State shall not raise objection as to delay and jurisdiction. The Tribunal shall dispose of the matter expeditiously on the merits and in accordance with the law. Both the writ petitions are accordingly dismissed.;