Hon'ble Vedpal,J.
Learned Standing Counsel submits that the Tribunal has grossly erred in allowing the claim petition. There is no provision in the Rules nor there are any Government Orders by which the Deputy Cane Commissioner could have absorbed an employee of the Cooperative Cane Development Union as Cane Supervisor. He would submit that when there is no provision in law to absorb, and that the authority had no powers to do so, there was no question of giving him opportunity of hearing before cancelling the order and in any case the respondent No.1 continued to draw his salary even for the short period of one month during which the orders survived from the cane union.
Shri Yogesh Chandra Srivastava has accepted notice on behalf of respondent No.1. He will file counter affidavit within one week. The petitioner will have two weeks, thereafter, to file rejoinder affidavit. List on 8th February, 2010.
It is stated that the contempt petition has been filed by respondent No.1. It is fixed for hearing on 22.2.2010. If for any reason the matter cannot be heard by High Court on 8th February, 2010, the Tribunal will adjourn the contempt proceedings for atleast two months.
Order Date :- 13.1.2010 SP/