- (1.) THE present appeal has been filed against the judgment and order dated 08.12.2011 passed by the learned single Judge whereby the learned single Judge had directed the Managing Director, Pradeshik Cooperative Dairy Federation Ltd. Lucknow, to ensure that the petitioner is paid his pension and if any contribution from the unit is required, which is not being received because of lock out and account being ceased, such contribution may be deferred and as and when the unit is opened or the seizure of account is lifted to, the same being collected from the unit and if the Managing Director does not ensure the payment of retiral dues to the petitioner by the next date, he shall not draw his salary without the leave of the Court.
(2.) WE have heard Sri G.D. Mishra, learned counsel for the appellant, Sri N.K. Srivastava, who represents the opposite party No. 1, the learned standing counsel representing opposite parties No. 2 to 4 and Sri D.K. Pandey, who represents the opposite party No. 8 and have perused the judgment and order dated 08.12.2011 passed by the learned single giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it.
(3.) SRI Mishra, learned counsel submitted that the opposite party No. 1 herein, who is the petitioner in the writ petition, is not an employee of the Pradeshik Cooperative Dairy Federation Ltd. Lucknow and merely because, the Dairy Federation exercises supervisory control over the Dugdh Utpadan Sahkari Sangh Ltd. Agra of which the opposite party No. 1 (the petitioner) is an employee could not mean that the Managing Director is personally liable to pay the pension. Sri N.K. Srivastava, learned counsel submitted that as the Managing Director, Pradeshik Cooperative Dairy Federation Ltd. Lucknow, is looking after the affairs of the Dugdh Utpadan Sahkari Sangh Ltd. Agra as the said unit is under the supervisory control of the Pradeshik Cooperative Dairy Federation Ltd. Lucknow, he is liable to pay the pension.;