Abdul Majeed Khan vs M.D.U.P.Export Corpn.
2013 Latest Caselaw 1277 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 585 of 1994
 

 
Petitioner :- Abdul Majeed Khan
 
Respondent :- M.D.U.P.Export Corpn.
 
Petitioner Counsel :- R.C.Bajpai,Mohd. Altaf Mansoor
 
Respondent Counsel :- V.R.Singh,N.K.Pandey,Shobit Mohan Shukla
 

 
Hon'ble Pankaj Mithal,J.

Petitioner is in service of U.P. Export Corporation now known as U.P. Handicraft Development and Marketing Corporation. He was dismissed from service on 12.1.1994. The said order was challenged in this writ petition.

Pending the writ petition an order was passed on 27.9.2000 directing the Managing director to decide the petitioner's representation dated 2.3.2000. The representation of the petitioner was rejected vide order dated 12.10.2000 and the Managing Director refused to recall the order of dismissal. The aforesaid order has also been challenged by the petitioner by amending the writ petitioner. Thereafter, petitioner was allowed to join to work vide letter dated 2.1.2001.

In view of the rejoining of the petitioner, the order of dismissal or the order rejecting his representation virtually became redundant.

Learned counsel for the petitioner submits that immediately after rejoining on 8.1.2001 petitioner was retrenched from service on 1.9.2001.

There is nothing on record to indicate the retrenchment as aforesaid.

The order of retrenchment has not been challenged either by a separate petition or by seeking amendment in this petition. The order of retrenchment has also not been placed on record.

In view of the above circumstances, it is difficult to appreciate the submission of the learned counsel for the petitioner that he has been retrenchment w.e.f. 1.9.2001.

Learned counsel for the petitioner prays for and is allowed two weeks time to take instructions and to take necessary action to challenge the order of retrenchment, if so advised.

Order Date :- 24.4.2013

SKS