SUDHIR AGARWAL,VIRENDRA KUMAR SRIVASTAVA,J. - (1.) Heard Sri W. H. Khan, Senior Counsel assisted by Sri J. H. Khan, learned counsel for appellant.
(2.) This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952) has arisen from judgment dated 29.07.2004 passed by learned Single Judge dismissing Writ Petition No.19421 of 2004 and order dated 05.05.2005 dismissing Review Petition No.176594 of 2004.
(3.) Facts in brief, giving rise to present appeal as pleaded by appellant are that he was appointed as 'Production Clerk' in physically handicapped quote in U. P. State Handloom Corporation Limited, Kanpur Nagar (hereinafter referred to as 'UPSHCL') by order dated 23.02.1990 passed by Managing Director, UPSHCL. His appointment was on probation of one year in pay scale of Rs.360-550/-. Appellant was regularized on aforesaid post after completion of period of probation and placed in the scale of Rs.950-1500/- on the post of 'Production Clerk'. Due to continuous loss sustained by UPSHCL, it rehabilitated its establishment and retrenched a large number of employees to reduce its Human Resource to 599. Consequently a list of employees who were retrenched with effect from 15.04.2004 was published, as contemplated under Section 6 P read with Rules 42 (2) of U. P. Industrial Disputes Act, 1947 (hereinafter referred to as "U. P. Act, 1947"). Employees were directed to collect their total remaining dues with other permissible allowances, compensation etc. by 15.04.2004 from Headquarter of UPSHCL. Aforesaid notice mentioned name of appellant also. Notice was published in daily newspaper "Amar Ujala" on 12.04.2004. Appellant made representation on 14.04.2004 requesting Managing Director, UPSHCL to consider appellant for employment on any other post in the scale of Rs.950-1500/-, if not required on the post of "Production Clerk" but allow him to continue. Further a reminder was submitted by appellant on 24.04.2004. Appellant thereafter preferred Writ Petition No.19421 of 2004 challenging order of retrenchment/termination on the ground that he was a permanent employee and could not have been discharged from service except in accordance with procedure prescribed under U. P. State Handloom Corporation Limited (Officers and Staff) Service Rules, 1981 (hereinafter referred to as "Rules, 1981").;