Court No. - 5
Case :- WRIT - A No. - 5725 of 2020 Petitioner :- Sri Ramsevak And 18 Others Respondent :- U.P. Forest Corporation And 4 Others Counsel for Petitioner :- Narayan Dutt Shukla Counsel for Respondent :- Dhananjay Awasthi
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and learned counsel for respondents no.1 to 5.
The petitioners who are 19 in numbers have approached this Court praying for a direction upon the respondents to release their salary for the months of May and June, 2020 and further, continue to pay future salary.
The petitioners are employed as Scalar and Chowkidar in Districts Prayagraj and Gorakhpur. The petitioners are paid Rs.20,000/- per months in all, and they get cash in hand the salary of Rs.18,000/- per month after necessary deductions. The petitioners claim that they have not been legally paid salary for the months of May and June, 2020.
The petitioners claim protection on the basis of declaration made by the State Government that all the temporary or casual employees shall be deemed to be in service and shall be entitled to salary during pandemic of Covid 2019. Accordingly, they claim that they are entitled for their salary.
In the counter affidavit, it is alleged that the direction of the State Government was only to protect the employees and not to pay salary and as the petitioners have not worked, therefore, they are not entitled to wages of aforesaid period.
In the rejoinder affidavit, the petitioners have enclosed attendance register indicating that they have worked during aforesaid period and as such, they are entitled for wages/salary for the aforesaid period.
Be that as it may, the question as to whether the petitioners have worked or not during the aforesaid period is question of fact which needs determination after appreciation of necessary records and materials placed by the petitioners in this respect.
Since, the dispute in the present writ petition involves disputed question of fact, therefore, this Court in the facts of the present case, relegates the petitioners to the respondents no.2 and 3-Regional Manager, UP Forest Corporation, Prayagraj and Regional Manager, UP Forest Corporation, Gorakhpur respectively. Accordingly, the writ petition is disposed of permitting each of the petitioners to file separate representations before Regional Manager of their concerned Region within a period of two weeks. In case, any such representation is filed, the same shall be considered by the concerned Regional Manager within a period of two months, thereafter, strictly in accordance with law and pass a reasoned and speaking order.
Order Date :- 24.9.2021 SS