Allahabad High Court
State Of U.P. & Others vs Sunil Kumar Verma & Others on 1 July, 2010
Author: Ashok Bhushan
Bench: Ashok Bhushan, Virendra Singh
Court No.2.
Special Appeal No. 1034 (defective) of 2009.
State of U.P. and others ...........Appellants
Versus
Sunil Kumar Verma and others ...........Respondents.
With
Special Appeal No. 1158 (defective) of 2009.
State of U.P. and others ...........Appellants
Versus
Vinod Kumar Kushwaha and others ...........Respondents.
With
Special Appeal No. 1068 (defective) of 2009.
State of U.P. and others ...........Appellants
Versus
Rama Shankar and another ...........Respondents.
With
Special Appeal No. 1108 (defective) of 2009.
State of U.P. and others ...........Appellants
Versus
Ram Pyare and others ...........Respondents.
With
Special Appeal No. 1055 (defective) of 2009.
State of U.P. and others ...........Appellants
Versus
2
Amaresh Chand Dubey and others ...........Respondents.
With
Special Appeal No. 90 (defective) of 2010.
State of U.P. and others ...........Appellants
Versus
Kamala Prasad and others ...........Respondents.
With
Special Appeal No. 114 (defective) of 2010.
State of U.P. and another ...........Appellants
Versus
Gyan Shanker and another ...........Respondents.
With
Special Appeal No. 602 of 2010.
State of U.P. and another ...........Appellants
Versus
Sunil Srivastava and another ...........Respondents.
With
Special Appeal No. 603 of 2010.
State of U.P. and others ...........Appellants
Versus
Kailash Chand Srivastava and others ...........Respondents.
With
Special Appeal No. 195 (defective) of 2010.
3
State of U.P. and another ...........Appellants
Versus
Kailash Nath Bajpai and another ...........Respondents.
(Group-I)
Special Appeal No. 219 (defective) of 2008.
Prabhu Nath Prasad and others ...........Appellants
Versus
State of U.P. and others ...........Respondents.
With
Special Appeal No. 130 (defective) of 2010.
Prabhat Narain Singh ...........Appellant
Versus
State of U.P. and others ...........Respondents.
With
Special Appeal No. 131 (defective) of 2010.
Shobh Nath Yadav and another ...........Appellants
Versus
State of U.P. and others ...........Respondents.
With
Special Appeal No. 132 (defective) of 2010.
Suresh Chand Vaishya and another ...........Appellants
Versus
State of U.P. and others ...........Respondents.
4
With
Special Appeal No. 133 (defective) of 2010.
Ashok Kumar ...........Appellant
Versus
State of U.P. and others ...........Respondents.
With
Special Appeal No. 134 (defective) of 2010.
Subhash Chandra and another ...........Appellants
Versus
State of U.P. and others ...........Respondents.
(Group-II)
Special Appeal No. 1113 (defective) of 2009.
State of U.P. and another ...........Appellants
Versus
Ram Sagar Dubey and others ...........Respondents.
With
Special Appeal No. 954 (defective) of 2009.
State of U.P. and others ...........Appellants
Versus
Narender Singh Tandon and others ...........Respondents.
With
Special Appeal No. 1896 of 2009.
5
State of U.P. and others ...........Appellants
Versus
Kamlesh Kumar Tripathi and another ...........Respondents.
(Group-III)
Special Appeal No. 165 of 2010.
State of U.P. and others ...........Appellants
Versus
Lalit Kumar Bammi and 60 others ...........Respondents.
With
Special Appeal No. 170 of 2010.
State of U.P. and others ...........Appellants
Versus
Amar Nath and 82 others ...........Respondents.
With
Special Appeal No. 169 of 2010.
State of U.P. and others ...........Appellants
Versus
Rohtash Kumar and 8 others ...........Respondents.
With
Special Appeal No. 168 of 2010.
State of U.P. and others ...........Appellants
Versus
Qamar Khan and 11 others ...........Respondents.
6
With
Special Appeal No. 167 of 2010.
State of U.P. and others ...........Appellants
Versus
Karuna Shanker Shukla and 35 others ...........Respondents.
Group-IV
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Hon'ble Ashok Bhushan, J.
Hon'ble Virendra Singh, J.
All these special appeals ere heard as a bunch matter and judgment was reserved on 29th April, 2010. Learned Chief Standing Counsel appeared on behalf of the appellants in several appeals. The submissions, which were addressed, were with regard to claim of retrenched employees of U.P. State Cement Corporation Limited.
While preparing the judgment, it has been transpired that apart from special appeals of Group-I (Special Appeals No.1034 and others) and special appeals of Group-II (Special Appeals No.219 of 2008 and others), there are two other sets of appeals, which are special appeals of Group-III (Special Appeals No.1113 of 2009 and others), which relate to retrenched employees of Bhadohi Woollen Mills and the appeals which are in Group-IV (Special Appeals No.165 of 2010 and others) are the appeals filed by the State of U.P. against the judgment and order directing absorption of the employees of the U.P. State Sugar Corporation. No separate submission was made with regard to appeals relating to claim of 7 absorption of the employees of Bhadohi Woollen Mill and U.P. State Sugar Corporation.
The judgment which has been challenged in the special appeals of Group-IV (Special Appeal No.165 of 2010 and others), is a judgment, which is different from the judgments under challenge in special appeal of Group-I (Special Appeal No.1034 of 2009 and others). The said judgment was also not placed before the Court while hearing the bunch.
Looking to the fact that in two different sets of appeals arguments were not addressed, we are of the view that it is necessary to hear the submissions of the counsel for the parties. In some of the special appeals of Group-I and Group-II, vires of Rule 3 of the U.P. Absorption of Retrenched Employees of Sate Government or Public Corporations in Government Service (Recession) Rules 2003 was also challenged, which submission, however, was not pressed before the learned Single Judge.
In view of the aforesaid, we are of the view that let all these appeals be listed for further hearing in the cause list showing the name of respective counsel for the parties appearing in the different appeals separately on 12th July, 2010 after lunch.
Date: July 1, 2010.
Rakesh