Girdhar Kumar vs The Union Of India
2023 Latest Caselaw 1055 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.587 of 2019
     ======================================================

Girdhar Kumar Son of Shyamli Singh Resident of Village-Parsawa P.O.- Parsawa P.S.-NTPC Barh, District-Patna

... ... Petitioner/s Versus

1. The Union Of India through the General Manager (Human Resources) N.T.P.C. Bhawan, Scope Complex of Lodhi Road, New Delhi.

2. The Manager, Purbi Zone, N.T.P.C., Lok Nayak Bhawan, Dak Bangla, Patna Pin-800001.

3. The Senior Manager, N.T.P.C. (HR), Patna

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar, Adv.

Mr. Rajeev Ranjan Sinha, Adv.

For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

ORAL JUDGMENT

Date : 17-03-2023

1. Learned counsel for the petitioner has moved

an application for impleading the U.P.L. as a party to the writ

petition as the N.T.P.C. claims the petitioner to be an employee

appointed on contract labour by the U.P.L., whereas the

petitioner claims N.T.P.C. to be his actual employer.

2. The dispute raised by the petitioner with regard

to this oral removal/retrenchment can be raised directly before

the concerned Labour Court in terms of the provision of Section

10 (A) of the Act of 1947. Granting liberty to the petitioner, this

Court holds that the impleadment of U.P.L. in the present case, Patna High Court CWJC No.587 of 2019 dt.17-03-2023

the writ petition would have no purpose as this Court would not

mean a position to examine factual aspects.

3. The writ petition is accordingly dismissed with

liberty as above.

(Sanjeev Prakash Sharma, J) Sachin/-

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