Allahabad High Court High Court

Balindra Yadav vs State Of U.P. & Others on 7 January, 2010

Allahabad High Court
Balindra Yadav vs State Of U.P. & Others on 7 January, 2010
Court No. - 38

Case :- WRIT - A No. - 345 of 2010

Petitioner :- Balindra Yadav
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Rajesh Kumar Singh
Respondent Counsel :- C.S.C.,Sanjay Singh

Hon'ble Amreshwar Pratap Sahi,J.

The petitioner has got an alternative remedy of filing an appeal
before the Managing Director under the standing orders applicable
to the service conditions of the petitioner. The provisions is
quoted below-:

“Decision of Manager to be Final subject to Right of Appeal-

The decision of the manager on any question arising out of in connection with
or incidental to these orders, shall be final, provided that the workman
aggrieved by the Manager’s decision shall have the right of appeal within
seven days of the Manager’s decision to the Management, who shall pass
orders on the appeal within twenty-one days of its being made. This does not
preclude the workman from seeking redress through the machinery set up by
Government for the purpose.”

As pointed out by the learned counsel for the petitioner and in
view of the provisions, in case the petitioner prefers an appeal
before the respondent no.3 within 15 days from today, the same
shall be considered and decided within three months thereafter.

The writ petition is disposed of.

Order Date :- 7.1.2010
Shiraz