WPMS/413/2021
2021 Latest Caselaw 385 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
     ON THE 22NDDAY OF FEBRUARY, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 413 of 2021


BETWEEN:

Manjul Kumar Tyagi                            ... Petitioner
     (By Mr. MANJUL Kumar Tyagi, petitioner in person)


AND:

Vice President Human Resource Astrazeneca Pharma
India Ltd. & others.
                                            .....Respondents

     (None for the respondents)

                        JUDGMENT

According to the petitioner, he was serving as Territory Business Manager in a private company, namely, Astra Zeneca Pharma India Ltd.

2. By means of this writ petition, petitioner has sought following reliefs:-

(i) The petitioner is filing this Writ Petition under Article 226 to protect the fundamental rights under article 19 & 21 of constitution of India. Which are restricted by the respondent company by holding the hard earned wages of the petitioner without any authority of law.

(ii) Your lordships be pleased to issue writ of mandamus or appropriate writ and/or directions directing the respondent no. 1, 2 and 3 to release the salary since June 2010 with banking interest @ 18% per annum.

(iii) Your lordships be pleased to issue further directions to the respondent no. 1, 2 & 3 to not to withhold the wages of the petitioner till there is a valid end to employer employee

relationship i.e. suspension or dismissal of petitioner services or alternatively respondents shall allow the petitioner to continue his work till the final outcome of the pendency of Industrial dispute no. 21/2012 before the hon'ble Labour court Dehradun.

3. It is an admitted fact that petitioner was transferred by his employer in the year 2010 and thereafter he has not reported for duties at the transferred place. The challenge thrown by the petitioner to the transfer order is pending before the labour court. Unless the transfer order is declared to be unjust and illegal, petitioner cannot claim salary for the intervening period. Even otherwise also, no mandamus can be issued to the private company. The remedy of the petitioner lies elsewhere.

4. In such view of the matter, this Court is not inclined to entertain this writ petition. Accordingly, the same is dismissed. No order as to costs.

(MANOJ KUMAR TIWARI, J.)

Aswal