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2025 DAILYLAW 35176 (ALL)

MANOJ KUMAR v. SENIOR DIVISIONAL PERSONNEL AND ANOTHER

WRIC/22023/2023 · 2025-04-28

Rohit Ranjan Agarwal

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:66146 Court No. - 9 1. Case :- WRIT - C No. - 22023 of 2023 Petitioner :- Manoj Kumar Respondent :- Senior Divisional Personnel And Another Counsel for Petitioner :- Abhay Raj Yadav,Neeraj Pandey,Om Prakash Singh Sikarwar Counsel for Respondent :- A.S.G.I.,Anurag Sharma with 2. Case :- WRIT - C No. - 21864 of 2023 Petitioner :- Shankar Lal Respondent :- Senior Divisional Personnel Officer And Another Counsel for Petitioner :- Neeraj Pandey,Abhay Raj Yadav,Om Prakash Singh Sikarwar Counsel for Respondent :- A.S.G.I.,Anurag Sharma With 3. Case :- WRIT - C No. - 21950 of 2023 Petitioner :- Hari Ram Respondent :- Senior Divisional Personnel Officer And Another Counsel for Petitioner :- Neeraj Pandey,Abhay Raj Yadav,Om Prakash Singh Sikarwar Counsel for Respondent :- A.S.G.I.,Anurag Sharma Hon'ble Rohit Ranjan Agarwal,J. 1. Earlier on 04.01.2024 these three connected writ petitions were deferred on the statement made by learned Additional Solicitor General of India that some of the Special Leave Petition filed by the respondents is coming up before Hon'ble Apex Court and the matter may be deferred. 2. Today, when the case was taken up, Sri Anurag Sharma, learned counsel appearing for the respondents has placed before the Court the order dated 03.12.2024 passed in Special Leave to Appeal No.23713 of 2022 passed by Hon'ble Apex Court wherein the special leave petition filed by the respondents has been dismissed upholding the order passed by Lucknow Bench of this Court dated 30.05.2022. 3. As I have already recorded in the order dated 04.01.2024 that the petitioners have prima facie made out a case for extension of benefit under Section 25-N of the Industrial Disputes Act, which was extended by the Lucknow Bench of this Court in some of the connected matters by order dated 23.7.2014 which has already stood confirmed by order dated 17.1.2020 by Apex Court and the matter relating to rest of the employees has also been confirmed by the Apex Court on 03.12.2024.4, hence, the petitioners before this Court are also entitled to the benefit under Section 25-N of Industrial Dispute Act. 4. 4. In view of the said fact the award dated 02.06.2010 rendered by Central Government Industrial Tribunal-cum-Labour Court, Kanpur, in respective I.D. No.2 of 2004 (Manoj Kumar vs. The Divisional Commercial Manager (Catering), Central Railway, Jhansi, I.D. No.1 of 2004 (Shankar Lal vs. The Divisional Commercial Manager (Catering), Central Railway, Jhansi, and in I.D. No.5 of 2004 (Hari Ram vs. The Divisional Commercial Manager (Catering), Central Railway, Jhansi, published on 08.04.2023, are hereby set aside. The petitioners are entitled for the benefit as given under Section 25-N of the Industrial Disputes Act, which shall be given by the respondent authorities within a period of three months. 5. With the aforesaid direction, all the writ petitions stand allowed. Order Date :- 29.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad