NAGAR PANCHAYAT EKDIL Vs. KHAYALI RAM

JUDGEMENT

(1.) For the reasons stated in affidavit filed in support of delay condonation application, as the same constitutes sufficient cause for condoning delay in filing Special Appeal, the delay condonation application is allowed and the Special Appeal is treated to have been filed well within time.

(2.) Nagar Panchayat Ekdil, Etawah through its President is before this Court assailing the validity of the order dated 09.3.2017 passed in Civil Misc. Writ Petition No. 4552 of 2014 (Khyali Ram Vs. State of U.P. and 5 others) wherein learned Single Judge has proceeded to allow the writ petition in question.

(3.) Factual background of the case is that the respondent no.1- petitioner was initially engaged as Pump Operator on daily wage basis on 16.8.1989 in Nagar Panchayat Ekdil, District Etawah and since then he was continuously working. On 11.6.1991 his services were terminated on the ground that his services were no longer required. Consequently, he raised an industrial dispute before the Regional Conciliation Officer. The said dispute was referred to the Labour Court (1), Kanpur for adjudication and the same was registered as Adjudication Case No.148 of 1993. Ultimately an award dated 6.2.1995 was passed in his favour by the Labour Court. Aggrieved, the Nagar Panchayat, Ekdil had proceeded to approach this Court by preferring Writ Petition No.19280 of 1995. The petitioner had also filed two writ petitions being Writ Petitions No.45940 2003 and 16142 of 2004 for regularization of his services and payment of salary. All the three writ petitions were dismissed on 24.2.2006.