Ankit Kumar Tiwari vs The State Of U.P. Thru. Addl. Chie ...
2022 Latest Caselaw 11287 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 5339 of 2022
 

 
Petitioner :- Ankit Kumar Tiwari
 
Respondent :- The State Of U.P. Thru. Addl. Chie Secy. Cooperative Deptt. And 4 Others
 
Counsel for Petitioner :- Ram Lakhan Vishwakarma
 
Counsel for Respondent :- C.S.C.,Prashant Dubey
 

 
Hon'ble Attau Rahman Masoodi,J.

Sri Prashant Dubey learned counsel has filed short counter affidavit on behalf of the opposite party nos. 4 and 5, which is taken on record.

Learned counsel appearing for opposite party nos. 4 and 5 at the very outset has raised a preliminary objection against the maintainability of the present writ petition on the ground that the petitioner has an alternative and efficacious remedy under Section 70 of the U.P. Co-operative Societies Act, 1965.

In support of the submissions putforth, learned counsel for the petitioner has placed reliance upon the judgment rendered in the case of Ghaziabad Zila Sahkari Bank Ltd. versus Additional Labour Commissioner and others reported in (2007) 11 SCC 756 and attracted attention of this Court to para 82 and 83 of the judgement(supra). It is argued that as regards any dispute relating to the service conditions, except the disciplinary action, the petitioner has a remedy under Section 70 of the Act. Therefore, the writ petition may not be maintainable.

The submission putforth by learned counsel for the petitioner has force and deserves acceptance.

At this stage, learned counsel for the petitioner prays that the petitioner may be permitted to withdraw this writ petition with liberty to take up the cause before the appropriate forum as provided under Section 70 of the U.P. Co-operative Societies Act, 1965.

The writ petition is accordingly rejected with the liberty as prayed.

Order Date :- 25.8.2022

kanhaiya