IMPORTANT POINT
Compliance with court directions is essential for seeking revival of a writ petition.

ORDER

Chandra Dhari Singh, J. (Oral)

CM APPL. No. 61492/2023

1. The present application bearing under Section 151 of the Code of Civil Procedure, 1908, has been filed on behalf of the petitioner/applicant seeking the following reliefs:

"In view of above it is prayed that the above writ petition WP)C) 4839/2013 may kindly be revived. In terms of order dated 23.05.2023 (Annexure AA-I). It is prayed accordingly."

2. Learned counsel appearing on behalf of the petitioner/applicant submitted that the petitioner had raised an industrial dispute before the Industrial Tribunal, whereby, the Tribunal was tasked with deciding whether the act of the present respondent to ask the petitioner to vacate quarter no. 2, which he is in occupation of, is justified or not. The Industrial Tribunal had rejected the petitioner's case on 16th May, 2013 by holding that there was no industrial dispute between the parties and that the government was not competent to refer the dispute.

3. It is submitted that being aggrieved by the above mentioned award, the petitioner had filed the instant writ petition challenging the said award. Rule was issued by the Predecessor Bench of this Court on 25th September, 2014 and it was ordered that the respondent management shall maintain status quo till the disposal of the writ.

4. It is submitted that during the pendency of the present writ petition, the petitioner workman became entitled to a staff quarter on the basis of seniority in the year 2015, but the respondent management did not allot him any quarter in-spite of repeated demands.

5. It is also submitted that, however, in the midst of correspondence, the respondent offered the petitioner quarter no. D-6 vide letter dated 19th November, 2019, however, the same was subject to the condition of him getting clearance from this Court.

6. It is further submitted that the petitioner vide his reply dated 2nd January, 2020 requested the respondent that he may be allotted quarter no. D-6 along with separate toilet and bathroom. In response to the same, the respondent reiterated its earlier condition vide another letter dated 21st April, 2020; to which the petitioner responded vide letter dated 15th May, 2020, thereby, informing that there is no provision of getting clearance from this Court, however, the respondent did not agree to the same.

7. It is submitted that the petitioner then filed an application bearing CM No. 7692/2021 for directing the respondent to allot him quarter no. D-11 or D-6 subject to the condition that bathroom and toilet are constructed in quarter no. D-6 or in the alternative the allotment of quarter no. P-2 which is already in occupation of the petitioner workman may be confirmed in favour of the petitioner workman. However, on 11th May, 2023, the management offered quarter no. D-25 or D-26 to the petitioner in lieu of staff quarter no. P-2 which is already in occupation of the petitioner workman.

8. It is submitted that on 23rd May, 2023, the petitioner workman agreed to the allotment of quarter no. D-25 subject to the condition that D-25 was in a habitable condition and in view of the same, the Predecessor Bench of this Court vide the order of even date disposed of the captioned writ petition.

9. It is submitted that pursuant to the aforesaid order, the petitioner workman wrote an application dated 25th May, 2023, to the principal of the respondent College in which he had requested for modification qua the certain amenities. In response to the same, the respondent on 1st June, 2023 asked the petitioner to inspect the quarter no. D-25.

10. It is submitted that upon inspection of the above said quarter, it was found that the same is not in a habitable condition as the moisture was seeping through the walls, rain water entering the premises, there is neither bathroom nor any kitchen in the quarter, the walls were damaged and no white washing was done and the same is in violation of the direction of the Predecessor Bench of this Court.

11. It is submitted that up