Court No. - 11 Case :- SERVICE SINGLE No. - 1875 of 2010 Petitioner :- Food Corporation Of India Handling Worker'S Union Respondent :- Food Corporation Of India, New Delhi Thru Chairman/M.D. Petitioner Counsel :- D.D. Bajpai Respondent Counsel :- A.K. Singh Hon'ble Anil Kumar,J.
Heard Sri D.D. Bajpai, learned counsel for the petitioner and Sri A.K. Singh,
learned counsel for the respondent.
Learned counsel for the respondent raised preliminary objection that the
present writ petition which is filed by the petitioner no. 1 i.e. Food
Corporation of India(Handling) Worker’s Union and Ram Jeet Singh in
respect to the relief of all the members. The petitioners who are working at
‘Khurja Depot of Food Corporation of India’ whose names have been placed
in the list as contained Anneuxre no. 1 to the writ petition and pays the regular
salary in each and every month is not maintainable before this Court sitting at
Lucknow as no cause of action whatsoever has arisen within the territorial
jurisdiction of this Court at Lucknow .
In view of the said fact, the relief which is claimed by the petitioners in the
present writ petition is to be considered and granted by the opposite party no.
3 i.e. the Area Manager, Food Corporation of India, District Office,
Bulandshahar, so the present writ petition is liable to be dismissed on the said
ground.
Learned counsel for the petitioner does not disputed the above said fact.
In view of the said fact as no cause of action has arisen on the part of the
petitioner who filed the writ petition before this Court as such the present writ
petition filed by the petitioner is liable to be dismissed on the ground that this
Court has no territorial jurisdiction to adjudicate and decide the dispute
involved in the present case. In view of the law as laid down in the cases
of Nasiruddin Vs. State of Transport Appellate Tribunal AIR 1976 SC 331,
U.P. Rashtriya Chinni Mills Adhikari Parishad Vs. State of U.P. , 1994(12)
LCD 1026, Nitya Nand Tewari Vs. State of U.P. (F.B.), 1994(12) LCD 1181
and U.P. Rashtriya Chinni Mills Vs. State of U.P., 1995(4) SCC 738.
Accordingly, present writ petition is dismissed on the ground that the same is
not maintainable before this Court sitting at Lucknow. However, for redressal
of their grievances, if the petitioners are so advised, they may seek
appropriate remedy before appropriate Forum.
No order as to costs.
Order Date :- 2.4.2010/krishna/*