Sugar Mills Worker Union vs State Of U.P. And 3 Ors.
2016 Latest Caselaw 6274 ALL

Citation : 2016 Latest Caselaw 6274 ALL
Judgement Date : 29 September, 2016

Allahabad High Court

Sugar Mills Worker Union vs State Of U.P. And 3 Ors. on 29 September, 2016

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 46658 of 2016
 

 
Petitioner :- Sugar Mills Worker Union
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Suman Jaiswal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

Supplementary affidavit is taken on record.

It is stated that the respondents have issued an advertisement dated 29.08.2016 for appointment on a large number of the posts amongst other, for Mechanical Foreman, Fitter-II, Mill Turbine Attendant etc.

The grievance of the petitioner is that the said advertisement is contrary to the agreement which was arrived at between the Workers Union and the Management dated 15.11.2015 which is on record as Annexure-3 to the writ petition.

My attention is drawn to the said agreement which provide, inter-alia, that the seniority lists of the daily wage workers were prepared and they shall be regularized against the vacant post within two months. It is stated that in breach of the said agreement, the advertisement has been issued and in the event appointments are made in pursuance of the said advertisement, the members of petitioners' Union shall suffer irreversible loss and they will be deprived of source of livelihood.

Matter needs consideration.

Learned Standing Counsel has accepted notice on behalf of respondent nos. 1, 2 and 3.

Issue notice to respondent no. 4 returnable on 1.12.2016. Steps be taken within ten days.

Notice will indicate that the respondent no. 4 may file counter affidavit on or before the date said date.

Learned counsel for the petitioner is permitted to take out the Dasti notice to serve the respondent no.4 in addition to the normal course of service.

Learned Standing Counsel may also file the counter affidavit by the next date fixed.

Having regard to the facts mentioned above, the appointments in pursuance of the advertisement dated 29.08.2016, shall abide by the result of this writ petition.

Order Date :- 29.9.2016