RAKESH MOHAN PANDEY v. STATE OF U.P. THRU. ITS PRIN. SECY. TRANSPORT DEPTT. AND 6 OTHERS
WRIA/4910/2025 · 2025-05-07
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136538 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136538 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26738 Court No. - 3 Case :- WRIT - A No. - 4910 of 2025 Petitioner :- Rakesh Mohan Pandey Respondent :- State Of U.P. Thru. Its Prin. Secy. Transport Deptt. And 6 Others Counsel for Petitioner :- Shyam Narayan Shukla,Diwakar Pratap Pandey Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. Heard Sri D.P. Pandey, learned counsel for the petitioner, Sri Rishabh Tripathi, learned Standing Counsel for the opposite party no. 1. No one has accepted notice for opposite party nos. 2 to 7. Sri D.P. Pandey has filed supplementary affidavit, the same is taken on record. By means of the aforesaid supplementary affidavit, the learned counsel for the petitioner tried to convince the Court that the contesting opposite parties are instrumentality of the State, but the learned Standing Counsel has raised some objection regarding maintainability of the writ petition by submitting that the Kanpur City Transport Services Limited is a private limited company and the Managing Director of such company is not an authority of the State. He has also submitted that the aforesaid company is neither State nor instrumentality of the State within the definition of Article 12 of the Constitution of India. Sri Tripathi has also submitted that if as per agreement of appointment, there is any arbitration clause, the petitioner may approach the competent authority as per agreement of the appointment and if there is no such provision, the petitioner may approach the competent authority under the Labour Laws, but the grievance so raised in this writ petition may not be redressed under Article 226 of the Constitution of India. I find substance on the aforesaid submission of Sri Rishabh Tripathi, therefore, without interfering the impugned order and without entering into the merits of the issue, I hereby dispose of this petition, finally at the admission stage, giving liberty to the petitioner to approach the competent authority either as per his agreement of appointment or to any competent authority under the Labour Laws, if it is so permitted.
In case the petitioner approaches any competent authority under the law, the appropriate decision may be taken with expedition. Order Date :- 7.5.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench