WARIS MOHD Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner seeks quashing of the order of retrenchment dated 15.4.2004 and a direction that he be allowed to continue on the post of Depot Manager-Grade II at U.P. Handlooms Showroom, Nehru Place, New Delhi, presently held by him.

(2.) Petitioner joined U.P. State Handloom Corporation Ltd., i.e., respondent No. 3 in 1979. Petitioner had joined as a Salesman, got promoted as Senior Salesman and finally as Depot Manager-Grade II, upon being transferred from Ambala to Munirka.

(3.) Petitioner assails notice dated 12/13.4.2004, published in Amar Ujala, mentioning names of 866 employees for retrenchment w.e.f., 15.4.2004 including that of petitioner. Petitioner claims that respondents failed to comply with the requisite mandatory provisions for retrenchment. Petitioner also assails the rehabilitation package approved by the State Government. Petitioner is aggrieved since his name in the seniority list displayed on 6.4.2004, is shown at Sr. No. 40. It is claimed that the seniority list has been wrongfully manipulated to show 15 persons, who are junior to the petitioner, as seniors. Petitioner states that he has been working in the Regional Office at New Delhi under a Regional Manager and claims that this Court has jurisdiction to try and entertain the writ petition. While issuing show-cause notice on 28.5.2004, Union of India was deleted as not being a proper or necessary party. Counter affidavit has been filed by the respondents.