- (1.) We have heard Sri K.N. Misra, learned counsel for the petitioner. Sri Ram Surat Saroj holding brief for Sri Jyoti Bhushan appears for the National Commission for Scheduled Caste and Scheduled Tribes, State Office, Lucknow through its Director.
(2.) U.P. State Hand Loom Corporation Ltd., Kanpur Nagar (hereinafter called as 'the Corporation') has approached the High Court for quashing the orders dated 2.12.2008, and 24.11.2008, passed by the Director, National Commission for Scheduled Caste and Scheduled Tribes, State Office, Lucknow by which directions have been given to the Corporation, to allow Sri Braj Raj - respondent No.6, to sit in the Office of the Corporation, for payment of his salary on priority basis, and to give requisite information of compliance, within five days.
(3.) It is submitted by Sri K.N. Mishra, learned counsel appearing for the petitioner Corporation that Sri Braj Raj - respondent No. 6, is not the employee of the Corporation. He was initially engaged as a production supervisor trainee, on a stipend of Rs.250/- per month, in June 1988, and was thereafter appointed as Production Supervisor w.e.f. 23.9.1991, in the pay scale of Rs.950-1500/-. Since he is only Intermediate, with certificate in elementary weaving and dyeing course, he was retrenched from the Corporation on 25.4.2004, along with about 900 employees, under order No. 840-41, after complying with the provisions of U.P. Industrial Dispute Act. His re-engagement was provided only in case of necessity of his services. One Shri Shiv Ganesh Lodhi, the then Chairman of Corporation, a BSP MLA, passed an order on 21.11.2000, directing the Managing Director of the Corporation, to appoint him as Manager (Production), a post for which the minimum qualification was B.E. Textile Engineering, or a Diploma in Textiles from Indian Institute of Handloom Technology. No action was taken on these orders and the matter was referred to the State Government.;