Allahabad High Court
State Of U.P. Thru Secy. Irrigation & ... vs Ashiq Ali S/O Mujib & Ors. on 4 March, 2020
Bench: Govind Mathur, Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ? Chief Justice's Court Civil Misc. Application No. 29111 of 2020 In Review Application No. 97150 of 2017 In Case :- SPECIAL APPEAL DEFECTIVE No. - 220 of 2009 Appellant :- State Of U.P. Thru Secy. Irrigation & Ors. Respondent :- Ashiq Ali S/O Mujib & Ors. Counsel for Appellant :- Standing Counsel Counsel for Respondent :- U.S. Sahai,Jai Shanker Misra,Surya Kant Singh Hon'ble Govind Mathur,Chief Justice Hon'ble Chandra Dhari Singh,J.
This application has been preferred to review judgment and order dated 23.08.2017 passed in Special Appeal Defective No. 220 of 2009 (State of U.P. and others vs. Ashiq Ali and others).
By the judgment impugned, the Division Bench of this Court accepted the appeal by dismissing the writ petition on the count that the respondents/workmen were having an efficacious alternative remedy under U.P. Industrial Disputes Act, 1947 and as such writ jurisdiction was not available to them.
The stand of the review applicants is that the Division Bench failed to appreciate that during pendency of the appeal, the employer regularised some of the respondents/workmen in the year 2016. It is asserted that as a matter of fact after passing order in the year 2016, the appeal became infructuous and as such no order was required to be passed on merits.
The aforesaid fact has not been denied by the employer. In light of it, we deem it appropriate to accept the review application with a modification in the order passed by Division Bench to the extent that if the services of the respondents/workmen have already been regularised then there would be no need to discontinue them from service in light of the order that was challenged before the Division Judge. The respondents would also be entitled to all the benefits arising out of their regularisation in service if already made.
Review application stands disposed of accordingly.
Order Date :- 4.3.2020 Shubham .
(Chandra Dhari Singh, J.) (Govind Mathur, C.J.)