High Court of Judicature at Allahabad
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Sri Awadhesh Kumar v. State Of U.P. And Others - WRIT - A No. 47889 of 2006  RD-AH 15514 (6 September 2006)
HON. ARUN TANDON, J.
Heard counsel for the parties.
It is admitted to the petitioner that he had initiated original suit proceedings, being Original Suit No. 173 of 1991, for an injunction restraining the employer (Management) from terminating his employment illegally and further to pay salary to the petitioner regularly. In the said suit a temporary injunction was granted in favour of the petitioner on 5th March, 1991 whereunder the petitioner was permitted to continue in employment. It is alleged that the suit has been decreed in favour of the petitioner in the year, 1998. The management has been permanently injuncted from terminating the employment of the petitioner except in accordance with law and further to make payment of salary regularly. It is further stated that a review application has been filed by the management, which is pending consideration in the said suit proceedings. Now the petitioner alleges that the salary of the petitioner has been stopped, he therefore seeks a writ of mandamus commanding the respondents to permit the petitioner to work as Class-IV employee and to pay salary accordingly.
In the opinion of the Court, writ petition is totally misconceived. The relief, which the petitioner has asked for in the present writ petition, is already subject matter of suit proceedings. The petitioner may be well advised to seek further relief, as may be necessary, in the suit or by such proceedings as may be permissible.
Writ petition is dismissed.
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