Court No. - 6
Case :- WRIT - A No. - 11297 of 2021 Petitioner :- Tej Bahadur Singh And 5 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Saurabh Srivastava Counsel for Respondent :- C.S.C.,Surendra Prasad Sharma
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Surendra Prasad Sharma, counsel for the respondent no. 2.
The present petition has been filed seeking the following relief: "(A) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay arrears of salary and other allowances payable to the petitioners along with interest @ 11% or as this Hon'ble Court may deem fit and proper considering the plight and grave injustice done upon the ailing petitioner."
This Court had called for instructions vide order dated 06.09.2021. In terms of the said instructions, the counsel for the respondent argues that the respondent-Industrial Cooperative Association Ltd. has requested the State Government to provide money for payment of the dues of the employees which is pending consideration before the State Government. There is no denial that the petitioners are not entitled to payment of the dues.
This Court had considered the similar issue in Civil Misc. Writ Petition No. 6891 of 2003 (Smt. Durgeshwari Sharma and others vs. State of U.P. and another) decided on 20.1.2004 wherein directions were issued for payment of the dues of the workmen. The appeal against the said order was also dismissed.
Considering the fact that there is no dispute with regard to payment of dues of the petitioners, the present writ petition is disposed off with directions to the respondents to pay the dues of the petitioners to which they are entitled in accordance with law within a period of three months along interest at the rate of 6% per annum.
The petition is disposed off in terms of the said direction.
Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.
Order Date :- 23.9.2021 Puspendra