M.K. MISRA Vs. U.P. SMALL INDUSTRIES CORPORATION LTD
LAWS(ALL)-2012-11-31
HIGH COURT OF ALLAHABAD
Decided on November 27,2012

M.K. Misra Appellant
VERSUS
U.P. SMALL INDUSTRIES CORPORATION LTD. Respondents

JUDGEMENT

RAJES KUMAR, J. - (1.) BY means of the present petition, the petitioners are seeking following reliefs:- (i) issue a writ, order or direction including a writ in the nature of mandamus commanding the respondents to bring on record the order of termination if any and quash the same. (ii) issue a writ, order or direction including a writ in the nature of mandamus commanding the respondent to take the petitioner back in service with effect from 10.10.1994 and pay the entire salary and other benefit admissible to the post. (iii) issue a writ, order or direction including a writ in the nature of mandamus commanding the respondents to regularise the services of the petitioners on the post of Peon and pay the same equal pay and other benefit as admissible to other regular Class-IV employees. (iv) issue any other and further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (v) award cost of the petition through out to the petitioners.
(2.) THE brief facts, as stated in the writ petition, are that the petitioner no. 1 was appointed vide order dated 16.10.1987 on the post of peon. His initial appointment/engagement was for ninety days, which was extended from time to time and he worked till 9.10.1994. Thereafter, the petitioner was not engaged. Likewise, the petitioner no.2 was engaged on the post of peon with effect from 4.8.1989 on daily wage basis, initially for eighty five days, which has been extended from time to time. He has worked till 9.10.1994. Thereafter, he has not been engaged.
(3.) IT is the case of the petitioner no.1 that he has worked for more than 240 days since 1988 and it is the case of the petitioner no.2 that he has worked for more than 240 days since 1990. They were workmen with the respondent. Their services have been terminated without giving any notice as required under Section 25-N(a) of the Industrial Disputes Act, 1949. It is contended that several other persons, who were junior to the petitioners, are working on the post of peon and their services have also not been terminated, but the petitioners' services have been illegally terminated.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.