SPA/66/2023
2023 Latest Caselaw 989 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL


         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA




                 SPECIAL APPEAL NO. 66 OF 2023


                             12TH APRIL, 2023

Between:


Uttarakhand State Ware Housing
Corporation and another                            ......       Appellants


and


Anwar Kumar & another                              ......      Respondents


Counsel for the appellants          :    Mr.   Parikshit   Saini,    learned
                                         counsels

Counsel for respondent No. 1        :    Mr. Vishwa Deepak Bisen, learned
                                         counsel


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The present special appeal is directed against

the order dated 03.03.2023, passed by the learned

Single    Judge,      in     writ       petition    preferred       by   the

respondent, being Writ Petition (S/S) No. 349 of 2023.
                               2




2)         While   entertaining     the    writ    petition,   and

granting time to the appellants (respondents in the writ

petition) to file their counter-affidavit, the learned Single

Judge     has   directed    that,   in    the   meantime,      the

respondent / writ petitioner shall be allowed to work and

paid the remuneration.


3)         The grievance raised by the respondent / writ

petitioner was that that he was serving as a daily wager

in the U.P. Warehousing Corporation since 2008. Where

after, the bifurcation of the Warehousing Corporation

was undertaken in 2016. He claimed that he had been

transferred to the appellant Corporation.           In 2018, the

appellants created an outsourcing agency, and the

workers    were    shown      as    employed       through     the

outsourcing agency.        The respondent / writ petitioner

claimed that the said arrangement was done by the

appellant for its own convenience, and the same is a

farce.    On that premise, the learned Single Judge

granted the interim relief to the respondent / writ

petitioner. Matter is now listed on 03.05.2023.


4)         Aforesaid being the position, we are not

inclined to interfere with the same.              The appeal is,

accordingly, dismissed.
                              3




5)          We,   however,       make   it   clear   that   the

observations made by this Court shall not influence the

mind of the learned Judge, while dealing with the writ

petition.



                                         ________________
                                         VIPIN SANGHI, C.J.



                                    _________________
                                    ALOK KUMAR VERMA, J.

Dt: 12th APRIL, 2023 Negi