Court No. - 43
Case :- WRIT - A No. - 6638 of 2019 Petitioner :- Om Prakash Pandey Respondent :- State Of U.P. And Another Counsel for Petitioner :- Amrendra Nath Rai,Sanjay Singh Counsel for Respondent :- C.S.C.,Ajeet Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was engaged in the employment of U.P. State Road Transport Corporation. It appears that after having worked for some time, petitioner was terminated on 01.01.1981. This order was challenged before Labour Court, Gorakhpur in Execution Case No.410 of 1990. An award of reinstatement along with back-wages was passed in favour of the petitioner on 23.04.1998. This award was challenged before this Court in Writ Petition No.1200 of 1999 by the Corporation. The writ petition has been ultimately disposed of vide following observations made in the order dated 17.05.2017 :
"The award dated 23.04.1998 is set aside to the extent of the direction being given therein with regard to payment of back wages and consequential benefits. Since the Corporation has allowed reinstatement of workman-respondent No.3 and he has continued to work with the Corporation till his continued to work with the Corporation till his superannuation, he is entitled to all benefits arising out of such reinstatement from the date of his reinstatement till his superannuation and retiral benefits if any."
Pursuant to this order passed, the authorities of the Corporation have handed over a cheque of Rs.59,003/- to the petitioner but the same was returned by him on the ground that no specific order determining his entitlement has been passed in terms of the order of this Court.
Counsel for the petitioner submits that for the period during which petitioner has worked, a claim has been raised before the Corporation of the amount which is liable to be paid to the petitioner in terms of the observation made by this Court on 17.05.2017, in Writ Petition No.1200 of 1999. Grievance is that such representation has not been bestowed any consideration by the authorities of the Corporation.
Sri Ajay Kumar Singh appearing for the respondent no.2 states that claim of the petitioner would be examined, in accordance with law.
In the facts and circumstances, noticed above, this petition stands disposed of with the direction upon Regional Manager of the Corporation to examine the matter in accordance with law, in the light of the order of this Court passed in Writ Petition No.1200 of 1999, within a period of three months from the date of presentation of certified copy of this order. If any amount is found due and payable to petitioner, the same shall be released within a further period of two months, thereafter.
Order Date :- 29.4.2019 Jitendra