WPSS/1962/2019
2022 Latest Caselaw 593 UK

 IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
         ON THE 7TH DAY OF MARCH, 2022
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (S/S) No. 1962 of 2019


BETWEEN:
Thakur Singh.                                         ...Petitioner
     (By Mr. Rajendra Arya, Advocate)


AND:
Managing Director, Uttarakhand Purv Sainik Kalyan
Nigam Ltd. and others.                           ...Respondents
     (By Mr. Neeraj Garg, Advocate for respondent no. 1 and Mr. Rakesh
     Kunwar, Addl. C.S.C. for the State of Uttarakhand)



                          JUDGMENT

Heard learned counsel for the parties.

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

"I. To issue a writ or direction in the nature of mandamus directing the respondent to pay the salary to the petitioner from the period of 10 December 2017 to 30 December 2018 which was not paid to the petitioner for working at Labour Department, Kotdwar.

II. To issue a writ or direction in the nature of mandamus directing the respondent UPNL give suitable placement to the petitioner in any department through UPNL in accordance with his ability."

3. According to the petitioner, he discharged duties as outsourced employee in Labour Department. Grievance of the petitioner is that his wages for certain period have not been released.

4. Relief as prayed by the petitioner cannot be granted, as it is a disputed question of fact, as to

whether petitioner actually discharged duties for the aforesaid period, regarding which he is now seeking wages.

5. However, having regard to the facts and circumstances of the case, this Court thinks that ends of justice would be met if petitioner is permitted to approach respondent no. 2, by making a representation, who shall examine the matter and take appropriate decision thereupon within some stipulated time.

6. Accordingly, writ petition is disposed of with liberty to petitioner to make representation to respondent no. 2. If petitioner makes such representation within two weeks from today, respondent no. 2 shall take decision upon petitioner's representation, as per law, within six weeks from the date of receipt of representation along with certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin