Allahabad High Court
Mahendra Kumar Yadav vs State Of U.P. And 4 Others on 21 June, 2021
Bench: Munishwar Nath Bhandari, Ajai Tyagi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- SPECIAL APPEAL No. - 101 of 2021
Appellant :- Mahendra Kumar Yadav
Respondent :- State Of U.P. And 4 Others
Counsel for Appellant :- Ravindra Nath Yadav,Abhishek Kumar Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Ajai Tyagi,J.
This Special Appeal has been filed against the judgment dated 6.1.2021 whereby the writ petition preferred by the petitioner was dismissed.
The appellant herein was subjected to retrenchment by the Jal Nigam in the year 1997. He approached the Labour Court whereby the reference of the dispute was decided adverse to the appellant. An award of the labour court was challenged by one Ram Chandra maintaining Writ Petition No. 54570 of 2011. The said writ petition was allowed with certain direction. The respondent Jal Nigam preferred Special Leave to Appeal against the judgment of this Court in the writ petition referred to above. During the course of argument before the Apex Court, Jal Nigam decided to take the employee involved in the said litigation back on daily wages basis.
So far as the petitioner appellant is concerned he did not challenge the award passed by the labour court. In view of above, the award of the lalbour court became final against the petitioner. The present writ petition has been filed in reference to the judgment on a writ petition preferred by one Ram Chandran and not by the petitioner followed by SLP and judgment therein. How the judgment in the case of Ram Chandra can be made applicable to the petitioner, could not be explained. The contempt petition was filed in reference to the judgment of the Apex Court in SLP No. 5057 of 2014 in the case of Ram Chandra and not in regard to the petitioner as he did not prefer a writ petition to challenge the award of the labour court. A contempt petition was though filed by Badri Vishal Pandey and others bearing Contempt Petition No. 309 of 2016 arising out of SLP No. 4470 of 2014. The said contempt petition was dismissed by the Apex Court by a detailed judgment dated 4.1.2019. The plea of 16 petitioners therein in reference to the order in SLP No. 4470 of 2014 and even a circular dated 7.4.2015 was not accepted.
The petitioner herein preferred a writ petition in the year 2020 to seek a direction to ensure his joining pursuant to the order of the Apex Court in S.L.P. No. 5057 of 2014 of Ram Chandra. It is without showing as to how the petitioner can file a writ in reference to the judgment of the Apex Court when he was not even party to the litigation therein. In any case the Jal Nigam informed dismissal of the contempt petition field by Bardri Vishal Pandey and others by the judgment dated 4.1.2019. The Apex Court by a detailed order dismissed the contempt petition though again it is material that petitioner never challenged the award passed by the labour court. Thus for him right to have been crystallized and settled by passing of the award by labour court. He could not have taken advantage pursuant to any order passed on a petition filed by other person. In any case the contempt petition having been dismissed by the Apex Court by detailed judgment dated 4.1.2019, the learned Single Judge dismissed the writ petition of the petitioner to challenge the retrenched employee of the year 1997. The learned Single Judge found that once the contempt petition has been dismissed by a detailed order, thus the Single Judge Bench could not have passed any order contrary to it.
We do not find any illegality in the order passed by the learned Single Judge. We have clarified that even petitioner was never in litigation after award of the labour court and for him it became final thus cannot claim going contrary to the award without its challenge. It is more so when the contempt has also been dismissed by the Apex Court when it was preferred by persons and not by the petitioner.
We do not find any force in the appeal. The same is dismissed.
Order Date :- 21.6.2021
Manish Tripathi
