SARVENDRA SINGH v. U.P. STATE ROAD TRANSPORT CORPORATION HEAD QUARTER, LUCKNOW THRU. MANAGING DIRECTOR AND 2 OTHERS
WRIA/4127/2025 · 2025-04-17
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131820 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131820 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21679 Court No. - 3 Case :- WRIT - A No. - 4127 of 2025 Petitioner :- Sarvendra Singh Respondent :- U.P. State Road Transport Corporation Head Quarter, Lucknow Thru. Managing Director And 2 Others Counsel for Petitioner :- Riyaz Ahmad Counsel for Respondent :- Pradeep Kumar Shukla Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Riyaz Ahmad, learned counsel for the petitioner and Sri Pradeep Kumar Shukla, learned counsel for all the opposite parties. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of certiorari quashing the para-21 of the impugned contract of service between the petitioner and department, after summoning from the office of opposite party No.3 i.e. the Assistant Manager, Hardoi Depot. (ii) to issue a writ, order or direction in the nature of certiorari quashing the impugned termination order dated 27.10.2023 passed by the opposite party No.3, as contained in Annexure No.1 to the writ petition. (iii) to issue a writ,order or direction in the nature of mandamus commanding the opposite party No.3 to make fresh enquiry including the fact of evidence/ affidavit given by disabled passenger."
3. Sri Pradeep Kumar Shukla, learned counsel for the opposite parties has produced a copy of the agreement of the appointment of the petitioner wherein vide Clause-21 it has been categorically indicated that in case of any dispute the authority aggrieved shall approach the Arbitration Committee which has been constituted under the Arbitration & Conciliation Act, 1996. Therefore, instead of approaching this Court by means of this writ petition, at this stage the petitioner should approach the Arbitration Committee. The copy of the agreement of the appointment of the petitioner is taken on record. 4. Learned counsel for the petitioner has stated that the impugned order is apparently illegal, arbitrary and uncalled for and the Head of the Arbitration Committee is the Regional Manager of the Department. Therefore, the petitioner may not get appropriate justice from the said Committee. 5. Be that as it may, since as per the contract of appointment wherein the petitioner himself is a signatory, the petitioner should first approach the Arbitration Committee and if he is aggrieved from any decision of the Arbitration Committee, he may take appropriate course of law. 6.
Therefore, without expressing any opinion on merits of the issue, the liberty is given to the petitioner to approach the Arbitration Committee for redressal of his grievance taking all pleas and grounds which are available with him within 15 days from today and if such authority is being approached by way of application or representation, the appropriate decision shall be taken by the Arbitration Committee within a period of one months, strictly in accordance with law, from the date of receipt of a certified copy of this order along with application/ representation by affording an opportunity of hearing to the petitioner and the authority, if it is so required, and the decision thereof shall be intimated to the petitioner forthwith. 7. In view of the aforesaid terms, the instant writ petition is
disposed of finally. [Rajesh Singh Chauhan,J.]
Order Date :- 17.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench