Allahabad High Court
Vijay Narayan Upadhyay vs State Of U.P Through Its Principal ... on 6 February, 2025
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:17165 Court No. - 5 Case :- WRIT - A No. - 19218 of 2024 Petitioner :- Vijay Narayan Upadhyay Respondent :- State Of U.P Through Its Principal Secretary (Transport) And 6 Others Counsel for Petitioner :- Ambuj Kumar Mishra,Vijay Kumar Sharma Counsel for Respondent :- C.S.C.,Shashank Shekhar Pandey, Sunil Kumar Misra Hon'ble Ajay Bhanot,J.
Heard Shri Vijay Kumar Sharma, learned counsel for the petitioner, Shri Ayush Gupta, learned counsel holding brief of Shri Sunil Kumar Misra, learned counsel for the respondent and learned Standing Counsel for the State.
It has been submitted by learned counsel for both the parties that he controversy is covered by the judgement rendered by this Court in Writ A No. 21258 of 2017(Chandrika Prasad Singh vs. State of U.P. and 3 Others) by order dated 16.05.2017. The relevant extracts of the order dated 16.05.2017 are extracted hereunder:
"The petitioner, who was working as a conductor on contractual basis with the respondent Corporation, being aggrieved by the order, by which the contract was cancelled and the security amount forfeited, preferred a claim before the Arbitration Tribunal in terms of clause 22 of the agreement. The Arbitration Tribunal by award dated 20.10.2016 has held the termination to be valid, being in consonance with the terms of the contract. Aggrieved thereby, the instant writ petition has been filed.
The petitioner has the remedy of challenging the impugned award under the provisions of the Arbitration and Conciliation Act, 1996.
In view of the above, this Court declines to entertain the instant writ petition, but leaves it open to the petitioner to avail the remedies available under the Act.
The writ petition is disposed of accordingly."
The writ petition is disposed of in terms of the above observations.
Order Date :- 6.2.2025 Vandit