PROMOD KUMAR SHARMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The petitioner was a workman in the Irrigation Department in the erstwhile State of U.P. and his services were retrenched on 11.05.1990. He raised an industrial dispute and thereafter an award dated 21.08.1995 was given in his favour by the Labour Court, Haldwani by which the petitioner was reinstated in service and termination order was set aside. However, this order was challenged before the High Court of Judicature of Allahabad by the State of U.P. where the writ petition was dismissed vide order dated 17.02.1997. Against the said order, the State of U.P. preferred Special Leave Petition before the Hon'ble Apex Court, which was also dismissed vide order dated 23.11.1998, and thereafter a review petition was also filed before the Hon'ble Apex Court, but the same was also dismissed vide order dated 03.02.1999. Thereafter the petitioner was reinstated in service with "wages and allowances" minus "bonus". Hence the present writ petition.

(2.) A preliminary objection has been made by Mr. N.P. Sah, learned counsel for the State of Uttarakhand as well as Ms. Beena Pande, learned counsel for the State of U.P. regarding the maintainability of the writ petition, as if at all the petitioner has a remedy to move an application to the appropriate authority in view of Section 6H of the U.P. Industrial Disputes Act, 1947 or Section 33(C)(2) of the Industrial Disputes Act, 1947. Nevertheless the petitioner straightway filed the present writ petition before this Court.

(3.) Heard Mr. T.S. Rautela, learned counsel for the petitioner, Mr. N.P. Sah, Standing Counsel, present for the State of Uttarakhand, Ms. Beena Pande, Standing Counsel, present for the State of U.P. and perused the record.