DEBI LAL AGARWAL Vs. U.P. STATE SUGAR CORPORATION LIMITED AND ANR.
LAWS(ALL)-1986-3-44
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on March 18,1986

Debi Lal Agarwal Appellant
VERSUS
U.P. State Sugar Corporation Limited And Anr. Respondents

JUDGEMENT

S. Saghir Ahmad, J. - (1.) THE Petitioner had filed a claim petition before the U.P. Public Services Tribunal against the U.P. State Sugar Corporation Ltd. (hereinafter referred to as the Corporation) which was decided on 1.4.85. Some of the reliefs claimed by the Petitioner were specifically decreed while in respect of the rest of the reliefs the Tribunal had directed the Corporation to consider the claim of the Petitioner in the light of the Service Rules and take a decision whether or not the Petitioner was entitled to those reliefs so that the Petitioner, as was observed by the Tribunal, may claim a redress in case he is aggrieved by the said order.
(2.) THE Petitioner, in pursuance of the judgment passed by the Tribunal, approached the Corporation by representations made on 30th and 31st May, ly8i and again on 1st July ,1985. These representations were not disposed of by the Corporation and, therefore, the Petitioner filed another claim petition before the U.P. Public Services Tribunal which has, however, been dismissed by the Tribunal by the impugned judgment as not maintainable. On behalf of the opposite party No. 1 Sri K.B. Sinha has put in appearance. Notice on behalf of opposite party No. 2 has been accepted by the Chief Standing Counsel.
(3.) I have heard the learned Counsel for the parties. Sri K.B. Sinha, who has appeared on behalf of the Corporation, does not dispute the facts set out in the impugned judgment. The fact, therefore, remains that the Corporation was under an obligation to dispose of the claim set out by the Petitioner before it in his representation made on 30th and 31st May, 1985 and again on 1st July, 1985. This decision is to be taken by the Corporation in pursuance of the judgment passed by the Tribunal as the Corporation, which was a party in the claim petition, was bound by that judgment. If the Corporation sleeps over the matter it cannot but be said to act in disregard of the judgment or in violation of the directions issued by the Tribunal. These directions were issued in respect of the perquisites mentioned in Clauses (c) to (i) of para 20 of the claim petition.;


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