LAWS(ALL)-2018-4-318

RAJ KUMAR Vs. STATE OF U P

Decided On April 04, 2018
RAJ KUMAR Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner Ms. Pushpila Bisht and learned Additional Chief Standing counsel appearing for the respondents.

(2.) This bunch of writ petitions involves similar questions of law and facts and therefore is being decided by means of this common judgment treating the facts of Writ petition No. 4931 of 2013 (Raj Kumar Vs. State of U.P. through Principal Secretary, Department of Agriculture Lucknow) to be leading writ petition.

(3.) Brief facts of the case is that the petitioner is working as a guard in the land attached to the respondent's institution' (Rajya Krishi Prabandh Sansthan, Rahman Khera, Lucknow) (herein after referred to as Sansthan) is being run and controlled by the State Government and Instrumentalities of State within the meaning of Article 12 of the Constitution of India. The respondents inspite of repeated demands for regularization of services of the petitioner did not consider the claim, then the Krishi Karmchari Sabha Union and the employees of which the petitioner is a member has raised an Industrial Dispute and conciliation proceedings which was failed, the State Government made a reference under Section 4 A of the U.P. Industrial Dispute Act, 1947 for consideration of regularization of services of the employees. The said dispute was numbered as 213/93 before the Labour Court in which the Presiding Officer passed the award on 27.01993 published on 28.10.1999.