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2007 Supreme(All) 1158

RAKESH TIWARI
HARIVASH CHAUDHARY – Appellant
Versus
STATE OF U. P. – Respondent


( 1 ) HEARD counsel for the parties and perused the record.

( 2 ) THE petitioners have prayed for issuance of a writ, order or direction in the nature of certiorari for quashing the oral order of termination with effect from 15. 10. 1999 passed by respondent no. 3, Superintending Engineer, Gandak Flood Division, Gorakhpur. It has further been prayed that the respondents may be directed not to interfere in the working of the petitioners as Chaukidar in the office of Executive Engineer, Flood Division, Gorakhpur and pay their salary/wages regularly.

( 3 ) THE petitioners were working in the Flood Division, Irrigation Department at Gorakhpur as Chaukidars on muster roll basis from 20. 1. 1975 continuously. Thereafter their services were terminated by oral order with effect from 15. 10. 99, hence this writ petition.

( 4 ) THE counsel for the respondents submits that the petitioners have an alternative and efficacious remedy for redressal of their grievance before the Labour Court under the U. P. Industrial Disputes Act, 1947, which is not denied by the counsel for the petitioners.

( 5 ) THE petitioners are muster roll employees. The factual controversy whether their services were termi






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