Girdhar Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.587 of 2019 ====================================================== Girdhar Kumar Son of Shyamli Singh Resident of Village-Parsawa P.O.- Parsawa P.S.-NTPC Barh, District-Patna ... ... Petitioner/s

Versus

1.

The Union Of India through the General Manager (Human Resources) N.T.P.C. Bhawan, Scope Complex of Lodhi Road, New Delhi. 2.

The Manager, Purbi Zone, N.T.P.C., Lok Nayak Bhawan, Dak Bangla, Patna Pin-800001.

3.

The Senior Manager, N.T.P.C. (HR), Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Adv.

Mr. Rajeev Ranjan Sinha, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 17-03-2023

1. Learned counsel for the petitioner has moved an application for impleading the U.P.L. as a party to the writ petition as the N.T.P.C. claims the petitioner to be an employee appointed on contract labour by the U.P.L., whereas the petitioner claims N.T.P.C. to be his actual employer.

2. The dispute raised by the petitioner with regard to this oral removal/retrenchment can be raised directly before the concerned Labour Court in terms of the provision of Section 10 (A) of the Act of 1947. Granting liberty to the petitioner, this Court holds that the impleadment of U.P.L. in the present case,

Patna High Court CWJC No.587 of 2019 dt.17-03-2023 2/2 the writ petition would have no purpose as this Court would not mean a position to examine factual aspects.

3. The writ petition is accordingly dismissed with liberty as above.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 59 AFR/NAFR CAV DATE Uploading Date Transmission Date