This was a petition seeking an order to fix the petitioner's salary on a contractual basis. The bench noted the petitioner was engaged under an agreement and was duly paid.
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Court No. - 3 Case :- WRIT - A No. - 13524 of 2019 Petitioner :- Ram Mohan Saini Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yogesh Dutta Mishra Counsel for Respondent :- C.S.C.,Awadhesh Kumar Saxena
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Yogesh Dutta Mishra, learned counsel for the petitioner, Sri Amit Manohar, learned Additional Chief Standing Counsel appearing for respondent no.1 and Sri Awadhesh Kumar Saxena, learned counsel for respondent nos.2, 3 and 4.
The present petition seeks a direction to the respondent authorities for fixation of salary of the petitioner on contractual basis.
It has not been disputed that the petitioner was engaged on contractual basis for a period of eleven months from 27.09.2017 to 26.08.2018 under an agreement dated 27.09.2017 and he was to be made payment as per the terms thereof.
Learned counsel for the respondent nos.2, 3 and 4 submits that the petitioner is bound by the agreement and the amount as per its terms has been duly paid to him. It is also pointed out that in case of any dispute with regard to the terms of the agreement the matter is to be referred to before an arbitration committee as per clause 21 of the agreement. In view of the aforesaid it is submitted that the petition is not maintainable.
Having regard to the facts of the case the engagement of the petitioner having been made on contractual basis under an agreement and the petitioner having been duly paid his dues as per the terms thereof and the agreement also providing for an arbitration in case of any dispute with regard to its terms, no direction as sought for by the petitioner can be granted.
The writ petition lacks merit and is accordingly dismissed.
Order Date :- 11.9.2019 Shahroz
(Dr. Y.K. Srivastava,J.)
2 issues framed by the court
Whether the High Court can issue a direction for fixing salary on contractual basis when payments were made per agreement terms.
Whether a dispute regarding contractual terms is arbitrable under the agreement.
Ram Mohan Saini
State Of U.P.
Respondent No. 4
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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