MUKESH VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellant is an employee of the Balda Cooperative Society Limited, Block-2, Roorkee, district Haridwar (hereinafter referred to as the Society). On 4.1.2008, the Committee of Management of the Society resolved to terminate his services. Thereafter, based on the aforesaid resolution of the Committee of Management, by an order dated 31.1.2008, the services of the appellant were actually terminated. The order of termination dated 31.1.2008 was, however, cancelled/annulled by the Administrator on the very next day i.e. on 1.2.2008.

(2.) The Chairman of the society, then, passed an order dated 24.7.2008, wherein he directed that the appellant should be paid his wages as he was discharging his duties, and also, because an inquiry was pending. The order passed by the Chairman of the society was annulled by the Assistant Registrar, Cooperative Societies vide an order dated 24.9.2008. A similar order to the same effect was again passed on 10.10.2008.

(3.) The resolution dated 4.1.2008 was approved by the Assistant Registrar, Cooperative Societies by an order dated 1.9.2008. Even after the approval of the aforesaid resolution, no formal order of termination was issued to the appellant. It is, therefore, that the appellant claimed wages. On being denied wages, the appellant approached this Court by filing Writ Petition (S/S) No. 89 of 2010. The solitary contention raised by the appellant, during the course of hearing of the writ petition, was that no formal order of termination had been issued to him, and as such, he was entitled to wages till such an order was issued to him. The aforesaid contention advanced on behalf of the appellant was repelled by this Court, when a learned Single Judge dismissed Writ Petition (S/S) No. 89 of 2010 by an order dated 9.6.2010.