Chief Justice's Court
Case :- WRIT - C No. - 7893 of 1998 Petitioner :- Assistant Project Engineer Ganga Pollution Control Unit Respondent :- Presiding Officer Labour Court Mirzapur And Another Counsel for Petitioner :- K.B.Mathur,Avanish Mishra,V.B. Mishra Counsel for Respondent :- C.S.C.,Chandreshwar Prasad,H.P. Mishra,S.N. Dubey
Hon'ble Govind Mathur,Chief Justice
Despite service, none is present on behalf of the employer- petitioner.
At the threshold, it is submitted by learned counsel appearing on behalf of the respondent-workman that services of similarly situated workmen have been regularized on basis of a list approved. The name of respondent no.2 also figures in the said list, as such he is also entitled to claim the same benefit as given to other similarly situated persons.
By way of filing a supplementary affidavit the list aforesaid is placed on record. It is also brought to the knowledge of the Court about the judgment of this Court dated 7th July, 2003 passed in Civil Misc. Writ Petition No.3719 of 1998, Chief Engineer, U.P. Jal Nigam and another Vs. Presiding Officer, Labour Court, Varanasi and another dismissing the writ petition of similar nature filed by the department. The judgment aforesaid has also acquired finality on dismissal of Special Leave Petition No.19484 of 2003 by the Supreme Court.
A coordinate Bench of this Court on 16th September, 2013 directed the counsel appearing on behalf of the petitioner- employer to avail instructions as to why the respondent- workman was discriminated while executing the list annexure 5-A. Though the matter came up before the Court on several occasions subsequent thereto but of no consequence. Today too none is present on behalf of the employer-petitioner.
Having considered all facts of the case, I am satisfied that the case of the petitioner should have been considered by the employer-petitioner as per the Office Order dated 26th April, 2011 passed by the Managing Director, U.P. Jal Nigam, Lucknow and he should have been treated at par with the other employees referred in the list issued by the Project Manager, Ganga Pradushan Control Unit, U.P. Jal Nigam Camp, Mirzapur (annexure 5-A).
The writ petition hence is disposed of with a direction to the employer-petitioner to consider case of the respondent- workman in accordance with the Office Order dated 26th April, 2011 passed by the Managing Director, U.P. Jal Nigam, Lucknow and by maintaining parity with the other workmen referred in the document dated 18th October, 2010 annexed as annexure 5-A to the supplementary affidavit. The award impugned stands modified accordingly.
Order Date :- 23.1.2019 Bhaskar (Govind Mathur, C.J.)