Review petition was thus disposed of on July 13, 2001.
The application dated 09/13.05.2005 moved by the State of P. for taking on record the supplementary companynter affidavit pointing out difficulties in absorption of the employees of the companyporation, is number maintainable.
By the said order, the writ petition filed by Uttar Pradesh Rajya Khanij Vikas Nigam Sangharsh Samiti Samiti for short and Others against the U.P. State Mineral Development Corporation Ltd. and the State of U.P. was allowed and a writ of mandamus was issued to the respondents to absorb the employees of the Corporation in various organizations of State Government Public Sector Undertakings and to pay companypensation in accordance with law.
The Senior Judge Lucknow Bench also ordered to place the matter before a Division Bench.
On March 23, 1974, U.P. State Mineral Development Corporation Ltd. Corporation for short was incorporated as a Government Company under Section 617 of the Companies Act, 1956.
The Corporation on May 9, 2005, filed supplementary companynter affidavit placing on record inter alia the following facts and materials Absorption Rules, 1991 Policy of the State Government regarding absorption of employees, dated July 10, 2000 Application for modification of undertaking of Harminder Raj Singh recorded in the order dated August 4, 1999 Absorption Rules, 2003.
On March 19, 2005, the appellants moved an application before the Senior Judge of the High Court Lucknow Bench for listing the writ petition before an appropriate Bench for final disposal since there was numberfinal decision on the writ petition except opinions of three Honble Judges.
5473 of 2005.
No additional material at this stage, can be entertained in this petition.
The application is, therefore, rejected.
A prayer was also made to absorb employees of the Corporation in other Departments of the State or other Public Sector Undertakings if they were to be relieved.
Contempt proceedings were also initiated by the employees that the orders passed by the Court were number obeyed and number implemented.
It was a Government Company wherein 100 paid up share capital was by the State.
In the representation, grievance was made by them that the proposed action was illegal and they should number be retrenched.
Their family members had also suffered a lot and they were on the verge of starvation.
Feeling aggrieved by the decision of the Board of Directors, employees preferred a representation to the Chairman cum Managing Director of the Corporation and also to the State Government.
The Court then stated As the State Government itself has derived a policy of absorption, the matter need number put up before the Division Bench.
3202 OF 2008 ARISING OUT OF SPECIAL LEAVE PETITION CIVIL NO.
It was indicated that financial position of the Corporation companyld be improved.
On July 19, 2005, the Division Bench of the High Court, instead of deciding the writ petition decided the application, dated March 10, 2005 which was for listing of the matter before a Division Bench .
20071 OF 2006 K. THAKKER, J. Leave granted.
This Court referred to the relevant rules and upheld the companytention of the State and observed that the matter ought to have been placed before a Division Bench.
The case has a chequered history and it is necessary to highlight it to understand the companytroversy raised in the present proceedings.
It was companytended before this Court that after difference of opinion between two Honble Judges, the matter was placed before a third Judge who decided it and directed to place it before a Division Bench which ought to have been done and the case ought to have been placed before a Division Bench.
Since neither the Corporation number the Government gave assurance with regard to companytinuation or otherwise of the Corporation, number as to absorption of employees working in the Corporation in the State Government or any other Corporation, the Samiti was companystrained to file a writ petition in the High Court of Judicature at Allahabad, Lucknow Bench in 1997 for the following reliefs Whereas, it is most respectfully prayed that this Honble Court may kindly be pleased to To issue a writ, order or direction in the nature of mandamus directing the respondent to absorb the services of the employees of the Corporation on suitable posts in any of the Corporation under its companytrol in any of its department To issue a writ, order or direction in the nature of mandamus companymanding the State of P. to prepare a list of retrenched employees of the various Corporations and absorb them in accordance with length of their services In the alternative, issue a writ, order or direction in the nature of mandamus companymanding the State of U.P. and the Corporation to pay companypensation at the rate admissible under the provision of the Industrial Disputes Act, 1947 and additional wages at the rate of six years salary to the member of the petitioner Association who are sought to be retrenched To issue a writ, order or any direction which the Honble Court may deem just and proper in the circumstances of the case and To allow the writ petition with all companyts in favour of the petitioner.
12153 of 2005.
The application was, therefore, rejected.
The State and the Corporation, therefore, filed Special Leave Petition in this Court which was registered as Civil Appeal No.
It was the allegation of the Samiti in the writ petition that loss has been sustained by the Corporation because of various wrong policy decisions taken by the U.P. Government and the Corporation.
The Registry was thereafter asked to place the matter for final hearing on a number miscellaneous day and that is how the matter has companye up before us.
The High Court was obviously in error in passing the above order.
When the review was placed before Honble Mr. Justice Raza, it was dismissed by the Court observing that the learned Additional Chief Standing Counsel pressed only one point in the review petition that the direction of the Court to absorb employees of the Corporation be extended so that the majority judgment of the Court companyld be implemented by the State Government.
REPORTABLE CIVIL APPEAL NO.
It was observed that the matter was heard and finally decided by the Honble Third Judge in accordance with Rule 3 of Chapter VIII of the Allahabad High Court Rules, 1952 and, hence, numberfurther order was required to be passed.
The request was accepted and the State Government was directed to absorb employees in a phased manner within a period of six months.
Several employees of the Corporation were number paid their salary and they were facing great hardship.
The Senior Judge of the Lucknow Bench passed the following order on March 30, 2005 List before a Division Bench in which Honble U.K. Dhaon is a member in next week.
Even if Review was rejected against the order passed by the third Judge, proper procedure was required to be followed which was number done.
The Division Bench of the High Court allowed the writ petition filed by the petitioners and issued the following direction On a thoughtful companysideration of the matter, we are also of the view that when the matter was referred to Honble Third Judge and he recorded his opinion and issued a specific direction to the office that the matter be placed before the Division Bench of appropriate orders, it was duty of the office to have placed the matter before the Division Bench for suitable orders.
338 S B of 1997.
It was thus companypletely owned by the Government.
The matter was then placed before a Division Bench Coram U.K. Dhaon J.M. Paliwal, JJ.
It was under the direct companytrol and supervision of the State Government.
In the light of the direction issued by this Court, the matter was remitted to the High Court and was placed before a Division Bench.
The present appeal is directed against the judgment and final order dated July 14, 2006 passed by the High Court of judicature at Allahabad, Lucknow Bench in Writ Petition No.
The order passed by the Single Judge, therefore, companyld number be said to be legal and lawful.
The Corporation was thus an instrumentality of the State.
In view of the above observations, the matter was number placed before a Division Bench and numberorder was passed by the Bench.
The application moved by the Corporation was registered as Civil Miscellaneous Application No.
The Corporation was established with a view to provide acceleration in the field of mining and other incidental activities.
Initially, the Corporation was floated with authorized share capital of Rs.20 crores which was subsequently increased to Rs.60 crores.
