High CourtsSingle Bench(1997) 05 AHC CK 0034

Anskalin Nalkoop Chalak Association vs State of U.P. and Others

Allahabad High Court · Decided on 1 May 1997

HON’BLE JUDGES
M. Katju, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 37037 of 1991

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Judgment

3 paragraphs · 206 words

M. Katju, J.—The Petitioner is an association and by means of this petition it is challenging the orders of termination of service of certain employees. In my opinion, when the service of an employee is terminated it is that employee alone who can challenge the order of termination of service and not anybody else. Neither any association nor any other person can challenge the termination of a service of an employee. Only that employee alone whose service has been terminated can challenge the termination of service.

2.

Learned Counsel for the Petitioner submitted that some other writ petition of the association has been allowed. It may be so but in that case the question whether any association has any locus standi to challenge the termination of service has not been considered. In my opinion, there is no manner of doubt that whenever an order of termination of service is to be challenged the only person who can challenge the order of termination is that individual alone. A similar view has been taken by the Supreme Court in Mahinder Kumar Gupta and Others Vs. Union of India (UOI), Ministry of Petroleum and Natural Gas, .

3.

For the reasons stated above, this writ petition is, therefore, dismissed.