STATE OF U.P. Vs. VINAY KUMAR MAURYA

JUDGEMENT

(1.) C .M. Application No. 7071 of 2011, the application for condonation of delay has been moved for condoning the delay of five and a half months in filing the special appeal. The grounds mentioned in the accompanying affidavit are sufficient to condone the delay. Accordingly, delay in filing the appeal is condoned.

(2.) STATE has preferred this appeal, challenging the order passed by learned Single Judge dated 9.7.2010 by means of which a direction has been issued to the State Government to consider and absorb the Respondent on any equivalent post on which he was working in the Purvanchal Vikas Nigam Ltd., Faizabad (hereinafter referred to as the 'Nigam') within a given time.

(3.) SINCE the aforesaid award was not being complied with, therefore, the Respondent preferred a writ petition before this Court bearing Writ Petition No. 2947 (S/S) of 2003 which was dismissed after making observation that the Respondent has the remedy before the Labour Court for execution and implementation of the award. It appears that the Respondent did not approach the labour Court for execution of the Award. However, Respondent again filed writ petition No. 2791 (S/S) of 2004 challenging that portion of the award by means of which Labour Court had refused to issue any direction for absorption and to grant future benefits wherein a prayer for remanding matter to the Labour Court was also sought for.