LAKSHMI PRASAD SHUKLA v. MS THE BAZPUR COOPERATIVE SUGAR FACTORY LTD
WPMS/3409/2025 · 2025-12-09
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14891 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14891 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10929 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/3409/2025 Hon’ble Manoj Kumar Tiwari, J. Ms. Sudha Tamta, Advocate holding brief of Mr. Vinay Kumar, Advocate for the petitioner. Mr. T.A. Khan, Senior Advocate for the respondent through video conferencing.
2. Petitioner was employed as Assistant Warehouse In-charge in the Bazpur Cooperative Sugar Factory Limited, Bazpur, District Udham Singh Nagar. His services were terminated w.e.f.
28.05.2016. Petitioner is retaining the official accommodation provided by Sugar factory. Now, a notice has been issued to him on 27.10.2025, asking him to vacate the official accommodation within one week. Feeling aggrieved by the notice, petitioner has approached this Court.
3.
Learned counsel for petitioner refers to para 9 of the Standing Orders, which provides that if termination of service is subject matter of a dispute, pending before an Industrial Adjudicator, then till the dispute is decided, an employee can retain the official accommodation.
4.
Learned counsel for petitioner submits that petitioner has approached the authority under
2025:UHC:10929 Payment of Gratuity Act and since the dispute is pending before the said authority, therefore petitioner is entitled to retain the official accommodation.
5. The said submission is bereft of merit. Para 9 would be attracted only when the order of termination is challenged before an Industrial Adjudicator. Admittedly, the order whereby services of petitioner were terminated, is not subject matter of any Industrial Adjudication and the authority which is seized of the matter is looking after enforcement of provisions of Payment of Gratuity Act.
6. Even otherwise also, petitioner’s services were terminated way back in 2016; we are now in December, 2025, more than nine years have gone by, no one can be permitted to retain official accommodation indefinitely after his/or termination from service.
7. Thus, the reliefs cannot be granted. Writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.) 09.12.2025 Mahinder/