The Court held that a writ petition filed by ex-employees of Bajaj Hindustan Sugar Ltd., a private undertaking, against the State of U.P. regarding salary arrears and forced retirement is not maintainable. The matter was dismissed with a direction to approach the Industrial Disputes Act authority.
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Court No. - 16
Case :- WRIT - A No. - 26661 of 2018
Petitioner :- Shivji Koiri And 26 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- R S Dubey,Savita Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner and Sri Diptiman Singh, learned counsel for the respondent No. 2.
Learned counsel for the respondent No. 2, has raised a preliminary objection regarding the maintainability of the writ petition.
It is the petitioner's case that they have been working as employees of Bajaj Hindustan Sugar Ltd., Unit Pratappur. The respondent No. 2 issued a letter/circular for voluntary retirement of Service (V.R.S) and forcefully retired the employees including all petitioners in the month of August 2015.
It is the case of the petitioner that on 30.09.2016 the State Government has issued Government order directing that the employees are entitled for increase the salary of all employees as on 01.10.2013. In pursuance of said Government Order the petitioners moved application to pay the difference in arrears from 01.10.2013 to August, 2015 but the respondent No. 2 has rejected the claim of the petitioners by the impugned order dated 09.01.2018
Sri Diptiman Singh, says that respondent No. 2 is completely private undertaking and no writ lies against a purely private body and has placed reliance upon the several judgments rendered by this Court and Supreme Court which are as follows-
It has been submitted that if the petitioners have any grievance they can raise the same before the competent authority under the Industrial Disputes Act.
This Court is convinced that the writ petition filed by exemployees of Bajaj Hindustan Sugar Ltd., Unit Pratappur is not maintainable before this Court. It is dismissed leaving it open the petitioners to approach the competent authority under the Industrial Disputes Act for redressal of any grievance that they have against the respondent No. 2.
Order Date :- 17.12.2018 sushma
1 issue framed by the court
Whether a writ petition filed by ex-employees of a private undertaking against the State of U.P. challenging the service conditions is maintainable under Article 226.
Colour shows how this judgement treated each authority
Chandrama Singh Vs MD, U.P. Cooperative Union, LucknowReferred¶11
Chandrama Singh Vs MD, U.P. Cooperative Union, Lucknow, 1991(2) AWC 1005
Workmen, Pepsico India Holdings Ltd Vs Dy. Labour Commissioner, Kanpur &OthersReferred¶12
Workmen, Pepsico India Holdings Ltd Vs Dy. Labour Commissioner, Kanpur &Others, 2000 (85) FLR 778
Dr. Gopal Krishna Vs DM / President of Gandhi Eye Hospital Trust & OthersReferred¶13
Dr. Gopal Krishna Vs DM / President of Gandhi Eye Hospital Trust & Others,2001 (89) FLR 1173
Dr. S.A.R. Chaurasia Vs U.O.I. & anotherReferred¶14
Dr. S.A.R. Chaurasia Vs U.O.I. & another, 2002 (92) FLR 1173
General Manager, Kisan Sahkari Chini Mills Ltd Vs Satrughan Nishad & OthersReferred¶15
General Manager, Kisan Sahkari Chini Mills Ltd Vs Satrughan Nishad & Others, (2003) 8 SCC 639 · Who else cites this
Binny Ltd. &another Vs V. Sadasivan & Ors.Referred¶16
Binny Ltd. &another Vs V. Sadasivan & Ors. (2005) 6 SCC 657 · Who else cites this
Bhadra Shahakari S.K. Niyamita Vs Chitradurga Mazdoor Sangh & OthersReferred¶17
Bhadra Shahakari S.K. Niyamita Vs Chitradurga Mazdoor Sangh & Others 2007 (112) FLR 1063
Naresh Chand & Others Vs Dy. Labour Commissioner and anotherReferred¶18
Naresh Chand & Others Vs Dy. Labour Commissioner and another 2012 (135) FLR 523
Transport & Dock Workers Union & Others Vs Mumbai Port Trust & anotherReferred¶19
Transport & Dock Workers Union & Others Vs Mumbai Port Trust & another. (2011) 2 SCC 57 · Who else cites this
ITI Ltd. Vs ITI Ex/VR Employees/Officers Welfare Association & OthersReferred¶20
ITI Ltd. Vs ITI Ex/VR Employees/Officers Welfare Association & Others (2010) 12 SCC 347 · Who else cites this
Madhya Pradesh State Road Transport Corpn., Vs. Manoj Kumar & anotherReferred¶21
Madhya Pradesh State Road Transport Corpn., Vs. Manoj Kumar & another, (2016) 9 SCC 375 · Who else cites this
Shivji Koiri And 26 Others
State Of U.P.
Another
Sangeeta Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
