Yamuna Prasad vs Labour Commissioner Labour Court Haldwani Nainital

Sudhanshu Dhulia, J. (Oral) - Mr. R.R. Ojha, Advocate, present for the petitioner.

Mr. P.C. Bisht, Standing Counsel, present for the State/respondent Nos. 1 & 2.

The petitioner claims to be workman, who has not been allowed to work in the factory i.e. Century Pulp & Paper Mill Ltd., Lalkuan, District - Nainital, since 2002. Thereafter, the petitioner belatedly filed a writ petition before this Court in the year 2016 being Writ Petition (M/S) No. 1723 of 2016, which was dismissed as withdrawn by the learned Single Judge of this Court vide order dated 21.06.2016, which reads as under:-

"Mr. R.R. Ojha, Advocate, present for the petitioner.

Mr. T.A. Khan, Senior Advocate, assisted by Mr. A.K. Arya, Advocate, present for the respondent.

By means of present writ petition, the petitioner prays for the following reliefs, among others:

(a) Issue a writ, order or direction in the nature of mandamus directing the respondents to decide representation of the petitioner annexed as Annexure No. 10.

(b) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 General Manager, Century Pulp & Paper Mill, Lal Kuan, Nainital to provide/consider re-service of petitioner and not join his services.

(c) Issue a writ, order or direction in the nature of mandamus providing petitioner liberty to approach before Labour Court/appropriate forum with a direction to decide within 60 days.

After arguing the writ petition at some length, learned counsel for the petitioner seeks to withdraw the present writ petition with liberty to agitate his grievances before the Industrial Disputes Tribunal/Labour Court.

Writ Petition No. 1723 of 2016 is dismissed as "withdrawn" with liberty as above."

In pursuance to the order of this Court, the petitioner has availed the remedy by moving an application before the Industrial Tribunal in which nothing has been done.

This writ petition is wholly misconceived. The fact which was not considered earlier is the belated filing of the petition before this Court, as the petitioner claims to be a workman in Century Pulp & Paper Mill Ltd., Lalkuan, District - Nainital, who was not allowed to work in the factory since 2002. The petitioner filed the writ petition in 2016. The petitioner has never approached before the Industrial Tribunal at the relevant time. Even, the petitioner has not stated as to what were the compelling reason for such inordinate delay. The case of the petitioner is that he was working in Century Pulp & Paper Mill Ltd., Lalkuan, District - Nainital but since 2002 he could not go for the work. No valid reasons assigned as to why that happened. He claims his reinstatement in 2016. Even earlier (in WPMS No. 1723 of 2016) the petition of the petitioner was simply withdraw, there were no positive directions of this Court. In view thereof, no relief can be granted to the petitioner as claimed by him. The writ petition is hereby dismissed.