26 years on, UPICA employee gets justice

ALLAHABAD : The Allahabad high court on Monday directed the UP Industrial Co-operative Association Ltd (UPICA) to pay its employee SK Singh, who was wrongly terminated from services in 1991, Rs 50,000 cost (fine) along with all pre- and post-retirement dues, including 7% per annum interest, from the date of his termination.

Justice Siddharth (he goes by one name) allowed the petition by Singh of Kanpur and said that since he had crossed the age of

IN HIS PETITION, SINGH HAD ALLEGED THAT WHILE WORKING AS MANAGER, HE WAS WRONGFULLY TERMINATED BY UPICA WITHOUT HEARING HIM

superannuation, UPICA should calculate and pay all his service benefits along with post-retirement dues.

“The petitioner has been compelled to litigate on account of the fault of UPICA officers. UPICA is at liberty to recover the amount of interest and costs (Rs 50,000), to be paid to the petitioner, from the pre- or post-retirement dues of its the erring employees, who punished the petitioner on the basis of illegal inquiry,” the court said.

In his petition, Singh had alleged that while working as manager, he was wrongfully terminated by UPICA without hearing him .

The court said the petitioner’s ‘termination’ was a ‘double jeopardy’, because as per records, he had already been given adverse entry on the same charges earlier. “Hence, terminating his services amounted to multiple punishments for one offence, which is not permissible in law,” the court said.

Justice Siddharth said though in cases, where punishment order is set aside by court on technical ground, the department is given liberty to hold a fresh inquiry. “However in this case, since the petitioner has crossed the age of superannuation many years back, I do not find it necessary to give such a liberty to the respondents,” the court added.