Court No. – 7

Case :- WRITA No. 291 of 2024

Petitioner :- Satish Kumar

Respondent:- U.P. State Agro Industrial Corporation Limited and others

Counsel for Petitioner:- Dinesh Kumar Misra

Counsel for Respondent:- C.S.C., Ved Byas Mishra, C.S.C., Ved Byas Mishra

Hon’ble J.J. Munir,J.

(Order on the memo of Writ Petition)

The petitioner was an Assistant in the Sewa Kendra, Uttar Pradesh State Agro Industrial Corporation Limited and last posted at Aligarh. He retired from service, upon attaining the age of superannuation, on 31.01.2023.

The grievance of the petitioner is that he has not been paid his gratuity, leave encashment and employees’ provident fund dues, besides arrears of salary amounting to 10,64,225, all of which he claims together with interest.

A prima facie case is made out.

Admit.

Notice on behalf of respondent No. 5 is accepted by Mr. Dinesh Kumar Singh, learned Additional Chief Standing Counsel, while that on behalf of respondent Nos. 1 to 4, by Mr. Ved Byas Mishra, learned Counsel. Both the learned Counsel are granted three weeks’ time to file a counter affidavit.

Adjourned to 11.03.2024.

To be taken up in the additional cause list for orders, along with a report regarding status of pleadings.

(Order on Civil Misc. Stay Application No. 1 of 2024)

Issue notice.

Let an interim mandamus issue, ordering the Managing Director, U.P. State Agro Industrial Corporation Limited, Lucknow, the Chief General Manager (Marketing), U.P. State Agro Industrial Corporation Limited, Lucknow, the Finance Controller, U.P. State Agro Industrial Corporation Limited, Lucknow and the Divisional Engineer, U.P. State Agro Industrial Corporation Limited, Naveen Mandi Samiti, Dhanipur, Etah Road, Aligarh to ensure, amongst themselves, payment of the petitioner’s gratuity, dues on account of leave encashment, balance of employees’ provident fund as well as arrears of salary within a period of three weeks, or show cause, by filing separate affidavits, why this interim mandamus be not made absolute.

The Registrar (Compliance) is directed to communicate this order to the Managing Director, U.P. State Agro Industrial Corporation Limited, Lucknow, the Chief General Manager (Marketing), U.P. State Agro Industrial Corporation Limited, Lucknow, the Finance Controller, U.P. State Agro Industrial Corporation Limited, Lucknow and the Divisional Engineer, U.P. State Agro Industrial Corporation Limited, Naveen Mandi Samiti, Dhanipur, Etah Road, Aligarh within 24 hours next.

Order Date :- 19.2.2024