Mohit Malik And 4 Others vs Union Of India And 5 Others
2022 Latest Caselaw 16340 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 17964 of 2022
 

 
Petitioner :- Mohit Malik And 4 Others
 
Respondent :- Union Of India And 5 Others
 
Counsel for Petitioner :- Ram Lal Mishra
 
Counsel for Respondent :- A.S.G.I.,C.S.C.,Hari Narayan Singh
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Heard learned counsel for the petitioners and Sri H.N. Singh, learned counsel appearing on behalf of the respondent nos.3 to 6.

This petition has been filed with the following main relief:-

"(I) Issue, a writ order or direction in the nature of Mandamus Commanding and directing the respondent No.5 to consider the grievances of the petitioners on the basis of compromise dated 13.12.2010."

It is the case of the petitioners that they have been working with the respondent nos.3 to 6 as contractual employees in Saharanpur Depot, U.P. By way of notification dated 23.04.2010, contractual employment has been stopped. Consequently, a compromise entered into the petitioners and the employer on 13.12.2010. The Regional Labour Commissioner has passed an appropriate orders thereafter. The respondents have failed to implement the conditions and terms of compromise. The petitioners are unnecessarily being harassed. A complaint was made on 21.05.2013 to the Regional Labour Commission (Central) Lucknow. The respondent no.3 has also passed order against the respondent no.4 on 14.02.2014 for initiation of prosecution proceedings. However no fruitful result has been received till date by the petitioners. Hence this petition.

Learned counsel appearing on behalf of the respondents has placed before this Court an order passed by this Court on 07.09.2022 in Writ A No.13858 of 2022 (Mohd. Mohsin Vs. Union of India and others) wherein the Court had placed reliance upon another order passed by the coordinate Bench of his Court in Writ A No.4337 of 2021 (Sawan Kumar Nishad and others Vs. State of U.P. and others) decided on 25.08.2021. The Court had dismissed the writ petition keeping in mind the judgment of the Constitution Bench in Steel Authority of India Ltd. and others Vs. National Union Water Front Workers and others [2001 (7) SCC 1]. The case of the petitioner being no different, the writ petition also cannot be entertained.

The writ petition is dismissed on the ground of maintainability.

Order Date :- 9.11.2022

Vivek Kr.