UTTAR PRADESH RAJYA SETU NIGAM SANYUKT KARMACHARI SANGH Vs. UTTAR PRADESH STATE BRIDGE CORPORATION LUCKNOW

JUDGEMENT

(1.) In these cases a very simple but an interesting question is raised. The question as to whether, termination of service under Clause L-2-12 of the certified Standing Order of U. P. State Bridge Corporation Ltd. on the abandonment of service on account of unauthorised absence for more than consecutive 13 days during the period when admittedly the workmen were on strike, though might be illegal, could be sustained?

(2.) While opposing the proposition Mr. V. B. Singh, learned counsel for the petitioner appearing with Sri Narendra Mohan, learned counsel had sought to support the said question through different questions of law based on admitted facts. On the other hand, Shri N. C. Rajvsnshi ably assisted by Shri Arun Gupta, learned counsel for respondents had similarly raised various questions of law on admitted facts.

(3.) The facts in these cases are not in dispute. Those are in brief as follows : in writ petition No. 36071 of 1995, services of 168 workmen were terminated by an order dated 30.10.1995, contained in Annexure-6 to the writ petition and the order dated 4.11.1995 in respect of one workman, as amended. While in Writ Petition No. 4043 of 1996, services of 66 workmen were terminated by an order 9.1.1996, published in Hindi daily Dainik Jagran on 12.1.1996. In both the cases, the termination was effected by striking off the names of the respective workmen from the rolls in terms of Clause L-2-12 of the Standing Order for workmen employed in the U. P. State Bridge Corporation [hereinafter referred to as the said Corporation]. This fact has been asserted in Writ Petition No. 36071 of 1995 in paragraph 7 since been admitted in paragraph 17 of the counter-affidavit and as well as in Writ Petition No. 4043 of 1996 which fact does not appear to have been controverted by the respondents in view of the statement made in paragraphs 9 and 10 of the counter-affidavit which does not contain any specific denial.