KRIPA SHANKER DWIEDI AND ORS Vs. U P STATE ELECTRICITY BOARD AND ANR
LAWS(ALL)-1992-5-110
HIGH COURT OF ALLAHABAD
Decided on May 01,1992

Kripa Shanker Dwiedi And Ors Appellant
VERSUS
U P STATE ELECTRICITY BOARD AND ANR Respondents

JUDGEMENT

- (1.) Petitioners were permanent employees of M/s. Mirzapur Electic Supply Company Ltd. which was taken over by the U.P. State Electrictity Board by an Ordinance from 1-9-1975. Since the Petitioner and other ex-employee of M/s. Mirzapur Electric Supply Company had not been taken Over in its service by the Board, they raised an industrial dispute which was decided against them by the Industrial Tribunal, Allahabad by its award dated 25-1-76. Against the said award the Petitioners filed writ petitions being Writ Petition No. 3351 of 1977 and Writ Petition No. 3809 of 1970 which were disposed of by a common judgment of this Court dated 10-2-82. True copy of the judgment is Annexure 1 to the writ petition.
(2.) A perusal of the said judgment shows that this Court had held that the five Petitioners in the present writ petition had wrongly been retrenched by the Mirzapur Electric Supply Company. This Court had further directed the Board to consider the question whether it would like to absorb these five workmen (Petitioners in the present writ petition). After the decision of this Court the Petitioners approached the Board repeatedly and requested the Board to take the Petitioners into its service but to no avail. Aggrieved the Petitioners have filed this writ petition.
(3.) A counter affidavit has been filed on behalf of the Respondents-board. In para 11 of the counter affidavit it is stated that although after the judgment of this Court in Writ Petition No. 3351 of 1977 and Writ Petition No. 3809 of 1970, the Petitioners had approached the Board for absorption but their request could not be considered in view of the directions prohibiting their recruitment True copy of the circular of the Board dated 30-1-82 has been filed as Annexure CA-4 to the counter affidavit.;


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