Shivakant Mishra v. State of U.P. Thru. Addl. Chief Secy. Transport Deptt. U.P. Lko. and 5 Others

Court No. - 7 Case :- WRIT - A No. - 8256 of 2023 Petitioner :- Shivakant Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Transport Deptt. U.P. Lko. And 5 Others Counsel for Petitioner :- Vijay Karan Singh Chauhan Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned State counsel appearing for respondent no.1 as well as Shri Ishan Singh, Advocate holding brief of Shri Ratnesh Chandra, learned counsel for respondent nos.2 to 5. No notice be issued to respondent no.6 taking in view of consideration of nature of order proposed to be passed. The petitioner as contractual conductor has approached this Court being aggrieved with the order dated 27.07.2023, a copy of which is annexure 1 to the petition, whereby his contractual services had been terminated. At the very outset, Shri Ishan Singh, learned counsel appearing for the respondent-Corporation points out that the petitioner has a remedy of making a reference before the Arbitral Committee constituted by the Corporation against the order impugned. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to make a reference before the Arbitral Committee constituted by the Corporation within a period of two weeks from today. In case any such reference is made, then the Arbitral Committee shall proceed to decide the same in accordance with law along with relevant rules and the agreement governing the service conditions of the petitioner within a period of four weeks from the receipt of the said arbitral reference along with the certified copy of this order. Order Date :- 19.10.2023 S. Shivhare High Court of Judicature at Allahabad, Lucknow Bench