Manoj Kumar Misra vs State Of U.P. And 4 Others
2014 Latest Caselaw 9023 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 
Case :- WRIT - C No. - 61321 of 2014
 
Petitioner :- Manoj Kumar Misra
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- A.C. Misra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the petitioner and Sri A. K. Upadhyay, learned Standing Counsel for the respondents.

By means of present writ petition, the petitioner has prayed for following relief:-

"(I) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to permit the petitioner to join as pump operator in the department, sign the attendance register and to pay his salary and the back wages as per award dated 22.10.2012 passed in favour of the petitioner as affirmed by this Hon'ble Court vide judgment and order dated 06.09.2013.

(II) Issue any other suitable writ order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstance of the case and in the interest of justice.

(III) Award cost to the petitioner."

Learned counsel for the petitioner submits that vide award dated 22.10.2012 the learned Presiding Officer, Labour Court had set-aside the order of termination and direct that petitioner shall be reinstated in services with continuity of service and full back wages and other service benefits.

The respondents had preferred writ petition no. 47869 of 2013(State of U.P. through Executive Engineer and other Vs. Presiding Officer, Labour Court-I and anthers) challenging the award dated 22.10.2012 which was published on 04.02.2013, and this Court vide order dated 06.09.2013 had dismissed the said writ petition.

Learned counsel for the petitioner submits that immediately after dismissal of the said writ petition the petitioner had moved a detailed representation for joining and payment of salary, but the respondents are not complying the order.

In view of above, considering the facts and circumstance of the case, I am of the view that, no fruitful purpose will be served in keeping the writ petition pending, as the matter may be suitably be look into by the respondent no.5/Deputy Labour Commissioner, Kanpur Region, Kanpur, who may considering and decide the application dated 20.08.2014 moved by the petitioner, within a period of two months from the date of production of a certified copy of this order before him.

With aforesaid observation and direction, the writ petition is disposed of.

Order Date :- 24.11.2014

VKG