Court No. - 6 Case :- SERVICE SINGLE No. - 5877 of 2009 Petitioner :- Surya Nath Yadav, S/O-Sri Daya Shankar Yadav, Respondent :- Union Of India, Thru. Its Secretary, Ministry Of Consumer Af Petitioner Counsel :- Ram Raj,Amit Krishna,Hemant Kr. Mishra,R.S.Tiwari,Vineet Pandey,Vivek Srivastava Respondent Counsel :- A.S.G.,A.K.Sinha,Alok Mathur,Anurag Verma,Satish Kr. Mishra,Vidya Kant Sharma Hon'ble Shabihul Hasnain,J.
Heard Sri Ram Raj learned counsel for the petitioner and Sri Alok
Mathur for opposite party nos. 2 to 8, opposite party no. 1 is represented
by counsel for Union of India.
Sri Ram Raj has made a prayer that he is restricting his request only to
the effect, that his representation dated 27.7.2009 may be decided by
the opposite parties. He is not stressing on disposal of any other relief at
the moment.
Sri Alok Mathur on the other hand has raised objections that the
opposite parties are not the relevant parties and hence this
representation is incorrectly addressed. The petitioners have never
worked with them and they do not have any liability to provide any work
or compensation to the petitioners. Further, he has stated that there is
no mechanism by which the opposite parties can verify whether the
petitioners have ever worked with them or with the contractors engaged
by them. He further says that he will like to file an affidavit very shortly
bringing on record that some of the Annexures have even been forged.
Looking to the rival contentions of the parties this court feels that even if
an affidavit to this effect, as has been described, by Sri Alok Mathur, is
taken on record, the court will not be able to decide the factual aspect of
the matter. Therefore, the court without entering into the merits of the
case and without expressing any opinion on the averments and
contentions of the parties, directs the opposite party no. 4 to decide the
representation dated 27.7.2009 (Annexure no. 17) by a speaking and a
reasoned order in consonance with the judgments of Hon’ble Supreme
Court and the law established therein, within a period of two months
from the date a certified copy of the order is produced before him.
With these observations the writ petition is finally disposed of.
Order Date :- 4.2.2010
Om.