The Patna High Court held that a writ court is not the proper forum for relief of reinstatement in a case involving a daily wage employee whose termination followed allegations of theft and irregular attendance. The petition was accordingly dismissed.
The petition for reinstatement was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.957 of 2009
| ====================================================== Sekhar Prasad Lal .... .... Petitioner/s Versus The Union of India & Ors .... .... Respondent/s ====================================================== |
|
|---|---|
| 3 | Appearance : For the Petitioner/s : Mr. Dhirendra Kr.Jha 2 Mr. Jibendra Mishra For the Respondent/s : Mr. S.K.Mishra & Mrs. Sushmita Mishra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORALORDER 12-01-2015 Heard learned counsel for the petitioner and the |
| Company. | |
| In this case the petitioner has a grievance that he has wrongly been dismissed from service and sought a relief of reinstatement. |
From the record it appears that the petitioner was taken in service to guard the company’s property and was engaged on daily wage at Rs.100/- per day. When there was an inspection, it was found that large number of Company’s property had been stolen away and it also transpired during inspection that he used to at tend the duty for 2 or 3 days in a month which led to termination of service.
The petitioner is a daily wage employee, he does not have right to post. The writ Court is not the proper forum.
Patna High Court CWJC No.957 of 2009 (3) dt.12-01-2015
2/2
Accordingly, this petition is dismissed.
However, petitioner, if so advised may approach the appropriate forum.
With this observation/direction, this petition is dismissed.
(Shivaji Pandey, J)
Jay/-
U
1 issue framed by the court
Whether a writ court is the proper forum for the reinstatement petitioner claims to seek against termination from daily wage employment?
Sekhar Prasad Lal
The Union of India
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
