Court No. - 33

Case :- WRIT - A No. - 9522 of 2020

Petitioner :- Mahendra Kumar Yadav

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Ravindra Nath Yadav,Abhishek

Kumar Yadav

Counsel for Respondent :- C.S.C.,Pranjal Mehrotra

Hon'ble Ashwani Kumar Mishra,J.

The present petition has been filed for a direction upon the

respondent nos.3 and 4 to ensure joining of petitioner as per

order of the Apex Court in SLP No.5057 of 2014 as well as

Contempt Petition Nos.817 of 2018 and 309 of 2016 within a

specified period. This Court has taken cognizance of the

grievance raised and a detailed order has been passed in the

matter on 15.12.2020:-

"Heard learned counsel for the petitioner and Sri Pranjal Mehrotra, learned

counsel for the respondents.

The petitioner was employed as workman on daily wage with the respondent-Jal

Nigam. The services of the petitioner was retrenched with many other like daily

wagers. One Ram Chandra challenged his retrenchment before the Labour

Tribunal which was dismissed. The award passed by the Labour Tribunal has

been challenged by Ram Chandra in Writ C No. 54570 of 2011 which was

allowed by this Court by judgment and order dated 9.12.2013. The respondent-

Jal Nigam preferred Special Leave to Appeal (C) No. 5057 of 2014 against the

judgment and order passed by this Court in Writ C No. 54570 of 2011 which was

disposed of by the Apex Court by judgement and order dated 7.9.2015 on the

statement made by respondent-Jal Nigam that the Jal Nigam has decided to take

the respondents-workmen on daily wage basis as per the office order dated

7.4.2015 and the list contained therein. The order of the Apex Court is extracted

hereinbelow:-

"It is submitted by learned counsel for the petitioner that it has decided to take

the respondents-workmen on daily wage basis as per the office order dated

07.04.2015 and list contained therein. Needless to say, the names of the

respondents-workmen are included in the list contained in office order dated

07.04.2015 which has been filed before this Court.

Learned counsel for the respondents submitted that as the names of the

respondents-workmen are included in the list as per the aforesaid office order,

they have no grievance.

Recording such concession, the special leave petitions stand disposed of. There

shall be no order as to costs."

In the list submitted by the respondent-Jal Nigam before the Apex Court which is

appended as annexure No. 3 to the writ petition, the name of the petitioner

appears at serial No. 55. The petitioner was working in Bhadohi and list prepared

by the office of Executive Engineer, Construction Division, U.P. Jal Nigam,

Bhadohi, the name of the petitioner appears at serial No. 6. The petitioner

thereafter approached the Executive Engineer, Jal Nigam, Bhadohi who by letter

dated 20.9.2018 requested the Superintending Engineer, Jal Nigam, Mirzapur to

give necessary directions to proceed with the joining of petitioner. The Executive

Engineer again sent reminder to the Superintending Engineer, Mirzapur on

13.9.2018.

The petitioner alleges that despite the fact that his name finds place in the list of

workmen submitted by the Jal Nigam before the Apex Court wherein they have

given undertaking to take the workmen on daily wage basis whose name finds

place in the list, but till date the respondents has not permitted the petitioner to

join and work as daily wager.

Considering the fact that the respondent Jal Nigam has given undertaking before

the Apex Court as is evident from the order of the Apex Court extracted

hereinabove that the Jal Nigam shall allow the workmen to work on daily wage

basis and more than 7 years have passed, the employee is running from pillar to

post but the respondent-Jal Nigam has not taken back the petitioner as workman

on daily wage basis for the last 7 years, this Court finds appropriate in the

present case to direct the Managing Director of the