Hon'ble Ravindra Nath Mishra-II,J.
1. Heard lerned Counsel for the parties.
2. This special Appeal arises out of the judgment and order dated 26.10.2009 passed by the learned Single Judge in Writ Petition No. 4243 (SS) of 1991 preferred by the appellant for quashing the order dated 17.06.1991, whereby services of the petitioner were dispensed with.
3. Learned Counsel for the appellant has submitted that the appellant was appointed as Cleaner in the pay-scale of Rs 305-390 by the Chief Medical Officer, Deoria and his work and conduct remain satisfactory. However, as the respondent no.4 was annoyed, his services were terminated vide order dated 17.06.1991 without following procedure of law. According to the learned Counsel for the appellant, the appellant kameshwar Singh was appointed in an establishment which is an Industry and the appellant is a workman within the meaning of Section 2(k) and Section 2(z) of the U.P. Industrial Disputes Act.
4. Relying upon the judgments rendered by this Court in Chootey Lal Vs. State of U.P and others (Writ Petition No. 664 of 1992) decided on 17.04.1993 and Satish Kumar Vs. The State of U.P and others (Writ Petition No. 4642 (SS) of 1991) decided on 28.10.2010, it has been urged by the appellant's counsel that the appellant is also entitled for similar benefits.
5. We have gone through the judgments relied upon by the appellant as well as the impugned judgment.
6. In the impugned judgment, the learned Single Judge has considered the case of Chootey Lal Rai (Supra) and has held that this judgment will not come to the rescue of the petitioner as no stigma whatsoever has been caused upon the petitioner (appellant) rather in plain and simple manner as per term and condition of the appointment letter services were dispensed with. The learned Single judge has further observed that once the services are dispensed with as per term and condition of the appointment letter then none of the legal right of the petitioner has been infringed. It may be observed that the appellant was appointed in the office of District Maleria Office, Deoria which is under the control of Secretary Medical Health Department of the State Government and as such it cannot be termed as Industry and the provisions of U.P. Industrial Disputes Act, 1947 would not be applicable upon the appellant.
7. As the appellant has failed to point out any perversity in the judgment of the learned Singly Judge, the instant appeal is hereby dismissed.
Order Date :- 18.4.2017 Pachhere/-