Partly allowed

State of U.P. and Others v. Nanak Chand and Others

Allahabad HC27 May 2022WRIC/10512/2001

Case brief

AI extract

What is this about?

The Single Judge allowed a modification to a Labour Court award. Although the award granted reinstatement with back-wages, the Court held that since the State had already paid dues and granted compassionate appointment to the deceased workman's son, no further amounts are payable to the petitioner.

What did the court decide?

The impugned award is modified; no further amounts remain payable by the petitioner under the award.

State of U.P. and Others Vs Nanak Chand and Others — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 38

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Case :- WRIT - C No. - 10512 of 2001

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Petitioner :- State Of U.P. And Others Respondent :- Nanak Chand And Others Counsel for Petitioner :- S.C.,C.S.C. Counsel for Respondent :- C.S.C.,M.I.Khan,S.S.Upadhyay,Smt.Sadhana Upadhyay

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Hon'ble Saumitra Dayal Singh,J.

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Heard Ms. Archana Tyagi, learned Additional Chief Standing Counsel and Mr. Prathmesh Upadhyay, Advocate, holding brief of Ms. Sadhana Upadhyay, learned counsel for respondent Corporation.

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Present writ petition is directed against the award of the Labour Court, Azamgarh, dated 16.2.2000 in Adjudication Case No. 414 of 1993. By the impugned award, Labour Court has awarded relief of reinstatement together with lump-sum compensation Rs. 5,000/- towards back-wages.

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The above adjudication case had arisen from the following reference made, vide order dated 29.6.1993:

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"Kya Sewayojakon Dwara Shri Nanak Chandra Putra Shri Medha Ram Ki Sewayein Dinaank 4.8.92 Se Samampt Kiya Jaana Uchit Tatha/Athva Vaidhanik Hai? Yadi Nahin, Toh Shramik Kis Upshay/Chatipoorti Paane Ka Adhikari Hai Tatha Kis Vivaran Ke Sahit?"

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Under the interim order of this Court dated 22.3.2001, it was provided, the award as to back-wages shall remain stayed, subject to the petitioner reinstating the respondent workman.

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Undisputedly, the respondent workman was reinstated. He continued to work till his death, on 2.4.2017. On that unfortunate occurrence, dues as claimed, by his legal representatives were paid. By means of averments made in the substitution applicant, in paragraph nos. 3 to 6, it has been

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stated as below:

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3. That, it is further submitted that in compliance of the order dated 22.03.2001 passed by the Hon'ble High Court, an order dated 09.07.2007 was passed by means of which a sum of Rs. 73,230/- as arrears of wages from 01.09.2001 to 30.06.2006 was directed to be made and the same was paid to the deceased Beldar by Bill No. 122/2007-08 dated 28.07.2007. True photocopy of the order dated 09.07.2007 is being annexed herewith and marked as ANNEXURE NO. 1 to this affidavit.

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4. That, thereafter, the State Government called District level seniority list of the daily rated employees working on daily wage/monthly wage. Pursuant to the direction issued by the State Government, the District level seniority list was sent before before the services of the deceased Nanak Chand, Respondent the State Government and, thereafter, 100 supernumerary posts were made available in District Mathura and in pursuance thereof, the services of deceased Nanak Chand, Respondent No.1 was regularized vide order dated 21.08.2012. True photocopy of the order dated 11.08.2011 whereby 100 and true photocopy of the regularization order dated 21.08.2012 are being annexed herewith and marked as ANNEXURE NO. 2 & 3 to this affidavit.

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5. That, during his positing as regular Beldar, the Respondent No.1 Nanak Chand died on 02.04.2017. Thereafter, the son of the petitioner Sri Khushi Ram moved an application dated 15.04.2017 for payment of service benefits of late Nanak Chand and for his appointment on compassionate ground in view of the provisions contained in U.P. Government Recruitment of Dependents of Government Servants (Dying-in-Hamess) Rules, 1974. Thereafter, a sum of Rs. 1,06,915/- towards group insurance and a sum of Rs. 1,62,133/- towards earned leave had already been paid to the son of the deceased employee.

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6. That, the District Magistrate, Mathura issued succession certificate on 22.05.2017. Thereafter, by the order dated 05.09.2017, Sri Khushi Ram, son of Nanak Chand was appointed as Beldar on compassionate ground in view of the provisions contained in U.P. Government Recruitment of Dependents of Government Servants (Dying-in-Harness) Rules, 1974 and in pursuance thereto, he joined on 05.09.2017. True photocopy of the succession certificate dated 22.05.2017 and true photocopy of the appointment order dated 05.09.2017 are being annexed herewith and marked as ANNEXURE NO. 4 & 5 to this affidavit."

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Further, it has been stated, by order dated 5.9.2017, respondent no.1/1 Khushi Ram, son of deceased Nanak Chand (respondent no.1) has been granted compassionate appointment.

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On the other hand, perusal of the award reveals, the same was wholly non-speaking and cryptic. After noting the claim set up by the parties, Labour Court hurriedly recorded its

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conclusion and granted relief of reinstatement with compensation Rs. 5,000/-.

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Whatever may have been fate of the award otherwise, in face of the benevolent action taken by the State respondent authorities as has been brought on record by means of averments made to the substitution application and as have been noted above, at present, it is provided, other than the relief of reinstatement, no further amounts may remain payable by the petitioner, under the impugned award.

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Accordingly, the impugned award is modified as above. The present petition is partly allowed.

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Order Date :- 27.5.2022 Prakhar

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Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.06.01 10:09:43 IST Reason: Location: High Court of Judicature at Allahabad

State of U.P. and Others v. Nanak Chand and Others

Case brief

What is this about?

What did the court decide?

State of U.P. and Others v. Nanak Chand and Others

Case brief

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What did the court decide?

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