Rakesh Kumar Alias Rakesh Kumar ... vs The State Of U.P. And 2 Others
2021 Latest Caselaw 1026 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 14548 of 2020
 

 
Petitioner :- Rakesh Kumar Alias Rakesh Kumar Tyagi
 
Respondent :- The State Of U.P. And 2 Others
 
Counsel for Petitioner :- Dhan Pal
 
Counsel for Respondent :- C.S.C.,Nagendra Nath Mishra
 

 
Hon'ble Ashwani Kumar Mishra,J.

This petition has been filed for direction upon the respondents to consider petitioner's claim for being granted benefits of regularization from the date of his initial engagement on daily wage relying upon the judgment of the Supreme Court in the case of Habib Khan Vs. State of Uttarakhand and Prem Singh Vs. State of Uttar Pradesh and others.

Learned counsel for the respondent points out that an ordinance has been promulgated on 20.10.2020 by the State of Uttar Pradesh as per which the petitioner is not entitled to said benefits.

Learned counsel for the petitioner submits that the petitioner is otherwise entitled to grant of benefit of his working since 17.11.1988 on the basis of an award passed by the Labour Court in Adjudication Case No.98 of 1992. It is submitted that this award has attained finality.

Without entering into the claim of the petitioner for being grant of benefit of temporary working in terms of the judgment rendered in the case of Habib Khan and Prem Singh (supra) as the legality of ordinance is otherwise subjudice, this petition is disposed of with a direction upon respondent no.3 to examine petitioner's claim in terms of adjudication made by the competent Labour Court vide award delivered in Adjudication Case No.98 of 1992. The concerned authority shall pass necessary orders in terms thereof within a period of three months from the date of presentation of copy of this order.

Order Date :- 18.1.2021

Atul