IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1126 of 2009 (S/S) Vivek Singh S/o Late Sri Rakesh Singh R/o Charu Kunj Stoneley Compound Tallital, Nainital District Nainital. ….…Petitioner. Versus 1. State of Uttarakhand through Secretary Local Authority (Tourism) Uttarakhand Shashan Dehradun. 2. The Managing Director Kumaun Mandal Vikas Nigam Uttarakhand, Nainital. .……….Respondents. Shri A.D. Tripathi, Advocate for the petitioner. Shri U.K. Uniyal, Sr. Advocate, assisted by Shri Sandeep Kothari, counsel for respondent No. 2. Shri Paresh Tripathi, Advocate for respondent No. 1. Hon’ble Prafulla C. Pant, J. By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondent No. 1 to issue Government Order, declaring the petitioner as retrenched employee under the provision of Industrial Dispute Act, 1947. A further mandamus has been sought directing the respondents to pay salary to the petitioner. 2 2. Heard learned counsel for the parties. 3. Perusal of annexure-1, which is copy of Government Order No. 288/VI/2008-9(5) 2007, dated 20.11.2008, shows that four employees were retrenched and total amount of Rs. 8.31 lakh is to be paid in respect of their arrears of salary, gratuity and leave encashment. Learned counsel for the petitioner states that the petitioner is one of those four employees. 4. Attention of this Court is also drawn to the annexure-4 to the writ petition, which is copy of letter No. 8364, dated 18.02.2009, sent by Managing Director of Kumaun Mandal Vikas Nigam Ltd., whereby the Government has been requested to declare the four retrenched employees like the one declared belonging to unit of Transcables Ltd. It is further mentioned in the letter that the employees, who were to be declared as retrenched employees, were working with Kumaun Scheduled Tribes Nigam, which was a subsidiary of Kumaun Mandal Vikas Nigam. 5. Having heard learned counsel for the parties, and after going through the papers on record, this writ petition is summarily disposed of directing respondent No. 1 to take a decision on the letter No. 8364 dated 18.02.2009, sent by Managing Director of Kumaun Mandal Vikas Nigam to the 3 Secretary, Department of Tourism, Government of Uttarakhand, within a period of three months from the date of certified copy of this order is produced before authority concerned. (Prafulla C. Pant, J.) Dt:19.11.2009 Sweta 4 5 6 7 8 9