Vipin Kumar Tripathi vs State Of U.P. And 5 Others
2021 Latest Caselaw 659 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 14411 of 2020
 

 
Petitioner :- Vipin Kumar Tripathi
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Ramesh Kumar Mishra,Gyanendra Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Manoj Kumar Srivastava
 

 
Hon'ble Ashwani Kumar Mishra,J.

Dispute of petitioner raised in the present petition is, in essence, a dispute between petitioner and his employer i.e. respondent no. 6.

Learned counsel for the petitioner states that petitioner is working as an outsourced employee in the respondent Electricity Distribution Division and he is not being permitted to work for an arbitrary and erroneous reason.

Petitioner's appointment is on record. It has been issued by respondent no. 6. Merely because his services have been provided to the respondent-corporation as an outsourced employee, no employee and employer relationship would come into existence between the petitioner and the respondent Board. For any dispute between petitioner and the alleged employer, it would be open for the petitioner to approach the Industrial forum, keeping in view the observations made by the Constitution Bench judgment of Supreme Court in Steel Authority of India Ltd. and others Vs. National Union Water Front Workers and others, reported in (2001) 7SCC 1. Writ petition is not the appropriate remedy to examine petitioner's grievance.

Leaving it open to the petitioner to approach the industrial forum, this petition is consigned to records.

Order Date :- 11.1.2021

n.u.