Court No. - 3 Case :- WRIT - A No. - 4450 of 2009 Petitioner :- U.P. Cane Unions Employees Federation, Lucknow Branch & Ors Respondent :- State Of U.P. And Others Petitioner Counsel :- Udayan Nandan,Shashi Nandon Respondent Counsel :- C.S.C.,Ravindra Singh Hon'ble Sanjay Misra,J.
Learned Standing Counsel for the State-respondents and Sri
Ravindra Singh for Respondent No.4 pray for and are granted
three weeks further time to file counter affidavit.
Learned counsel for the petitioner has referred to an order dated
10.06.2010 (Annexure No.10 to the writ petition) passed in Special
Appeal No.943 of 2010, ‘Navneet Kumar & another Vs. State of
U.P. & others’ and states that the petitioners are also entitled to
similar interim order since the controversy in the present writ
petition is identical. He has also referred to an interim order dated
30.06.2010 passed by the Division Bench in Special Appeal
No.1024 of 2010, ‘Virendra Singh & others Vs. State of U.P. &
others’ to the same effect, which is quoted as under:-
Challenge is to the order passed by the learned Single Judge by
which writ petition filed by the petitioner has been dismissed.
At the very outset learned counsel for the petitioner informs the
court that after considering the orders passed in Special Appeal
No. 943 of 2010 learned Single Judge on 21.6.2010 passed orders
in the writ petition dealing with the similar issue.
Copy of the order passed by this court on 21.6.2010 in writ
petition 35927 of 2010 has been shown to the court.
In view of the aforesaid let this matter be listed after one month.
Respondents may file counter affidavit by the next date.
Following the interim order passed by this court on 21.6.2010 in
the writ petition, referred above, it is directed that till the next
date of listing the operation of the notification dated 14.4.2010
published in the gazette dated 17.4.2010 and the consequential
order of 24.4.2010, so far it relates to the disengagement of the
petitioners shall remain stayed.
It is made clear that in case the petition succeeds the petitioners
would be entitled for renumeration salary for the entire crushing
season irrespective of the fact as to whether they have been
assigned work or not.
In view of the aforesaid circumstances since these petitioners are
similarly situated and it is admitted by Sri Ravindra Singh, learned
counsel for the respondent that they are also entitled for the same
interim protection the petitioners shall therefore also be governed
by the interim order dated 30.06.2010 passed by the Division
Bench.
A copy of the order passed in Special Appeal No.1024 of 2010,
‘Virendra Singh & others Vs. State of U.P. & others’ be also
supplied by the office alongwith certified copy of this order to
learned counsel for the parties on payment of usual charges.
Order Date :- 19.7.2010
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