Court No. - 16
Case :- WRIT - A No. - 18416 of 2018 Petitioner :- Avinash Chandra Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Kumar Saxena Counsel for Respondent :- C.S.C.,A1567,Atul Kumar Tiwari
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner and Shri Atul Kumar Tiwari, learned counsel who appears on behalf of Nagar Palika Parishad, Farrukhabad.
The petitioner has prayed for a writ in the nature of mandamus commanding the respondents to make payment of minimum pay-scale as admissible under law as he has been working as Daily Wage Pump Operator since 01.01.1990.
It is the case of the petitioner that the petitioner came before this Court for payment of wages and regularization by means of Writ Petition No. 55124 of 2003 which was connected along with Writ Petition No. 16342 of 2003 and was finally disposed off on 02.03.2005 with a direction to the petitioners therein to file their representations before the Nagar Palika Parishad, Farrukhabad. The Chairman, Nagar Palika Parishad was directed to consider the grievance of the petitioners in accordance with law within a period of six months.
In pursuance of the order passed by this Court dated 02.03.2005, the petitioner filed a representation before the Chairman of the Nagar Palika Parishad, Farrikhabad but his services were terminated by an order dated 15.06.2005. The petitioner filed Writ Petition No. 55584 of 2005 challenging such termination order which was dismissed on the ground of alternative remedy directing the petitioner to approach the Labour Court/Industrial Tribunal.
The petitioner thereafter approached the Labour Court which gave an Award in his favour on 21.03.2013. The Nagar Palika Parishad, Farrukhabad challenged the Award by means of Writ Petition No. 68864 of 2013 which was dismissed by this Court on 18.12.2013. Since the Labour Court had directed only for reinstatement of the petitioner as Daily Wage Pump Operator, the petitioner was reinstated in service as Daily Wage Pump Operator w.e.f. 18.02.2014 but the minimum of pay-scale has not been given nor his case was considered for regularization. The petitioner has made several representations, copy of one representation has been filed as Annexure-8 to the writ petition.
The facts as stated as above, the present writ petition is disposed off with a direction to the Executive Officer, Nagar Palika Parishad, Farrukhabad (Respondent no. 3) to look into the grievance of the petitioner with regard to grant of minimum pay-scale and to consider the case for regularization in terms of various Government Orders issued from time to time and also in view of the Award passed by the Labour Court on 21.03.2013 and pass appropriate reasoned and speaking order within a period of three months from the date a certified copy of this order is filed before him.
Order Date :- 29.10.2018 VR