LAWS(ALL)-2006-10-215

RANJIT SINGH Vs. VICE-CHANCELLOR, CHANDRA SHEKHAR AZAD UNIVERSITY OF AGRICULTURE AND TECHNOLOGY, KANPUR AND OTHERS

Decided On October 06, 2006
RANJIT SINGH Appellant
V/S
Vice-Chancellor, Chandra Shekhar Azad University of Agriculture and Technology, Kanpur Respondents

JUDGEMENT

(1.) HEARD Sri Bhagwati Prasad Singh, learned Counsel for both the petitioners and Sri V.B. Singh, learned Senior Advocate, appearing for respondents.

(2.) BOTH these writ petitions involve common questions of law and facts and are being decided by this common judgment. Facts and pleadings in both the writ petitions being almost similar, it is sufficient to refer pleadings in Writ Petition No. 11557 of 1989 (Ranjit Singh v. Vice Chancellor, Chandra Shekhar Azad University of Agriculture and Technology, Kanpur and others).

(3.) SRI Bhagwati Prasad Singh, learned Counsel for the petitioners, challenging the order terminating services of the petitioners, submitted that the termination of the petitioners' services was without any valid cause. He contended that termination of services has been made on the pretext that post of Motor Mechanic on which petitioners were given temporary/fled hoc appointments are filled up, which not being a correct fact, the action of the respondents is arbitrary. He further contends that termination of petitioners' services is also in violation of the provisions of Section 6-N of U.P. Industrial Disputes Act, 1947, hence petitioners are entitled for reinstatement with all benefits. Reliance has been placed by the petitioners on the judgments reported in 1992 All L.J. 1165, Krishna Kumar Dubey v. U.P. Food and Essential Commodities, Corporation and another; 1992 All L.J. 1186, Brijesh Kumar Srivastava v. Director, Rajya Krishi Utpadan Mandi Parishad, U.P., Lucknow and others; (1991) 2 UPLBEC 1326, Belal Ibne Mohd. Siddiqui and others v. Chief Engineer, Rural Engineering Services, U.P., Lucknow and others; (2003) 10 SCC 283; Talwinder Singh v. P.O., Labour Court and another and (2003) 8 SCC 334, IIP. Drugs and Pharmaceuticals Co. Ltd. v. Ramanuj Yadav and others.