Ashok Kumar v. Baytu Cooperative Marketing Society Ltd.
2019-01-10
ARUN BHANSALI
body2019
DigiLaw.ai
JUDGMENT 1. This writ petition has been filed by the petitioner aggrieved against the order dated 22.12.2018 (Annex.5) and 02.01.2019 (Annex.6), whereby the petitioner has been directed to report at Shop situated at Kawas and again a reminder in this regard has been issued to the petitioner. 2. It is, inter-alia, claimed in the writ petition that the petitioner is a Pharmacist and by order dated 09.11.2016 (Annex.2), he was appointed by the Chief Manager of the respondent-Cooperative Society to work at the shop situated at Baytu. 3. An agreement was also entered into between the parties in this regard (Annex.3). It is claimed that despite petitioner working to the satisfaction of the respondent-Society by order dated 22.12.2018 (Annex.5), the petitioner has been directed to seek his licence for Kawas shop and one Shri Ashok Kumar Choudhary, Pharmacist has been directed to be handed over the charge by order dated 02.01.2019. 4. Submissions have been made that the action of the respondents is contrary to the agreement entered into between the parties, which does not envisage transfer of the petitioner from one place to another and if the petitioner is transferred to Kawas, the amount which is being paid to the petitioner would not sufficient for him for working as Pharmacist as the place is about 50 kms. away from the present place of posting and therefore, the action of the respondents require interference of this Court. I have heard learned counsel for the petitioner and have perused the material available on record. 5. A perusal of the agreement entered into between the parties indicate that there is no bar in requiring the petitioner to work at some other shop. The nature of agreement, which has been entered into between the parties is not statutory so as to maintain the present writ petition before this Court seeking enforcement thereof and/or alleging violation of agreement seeking mandamus against the respondents. 6. In view thereof, the writ petition filed by the petitioner against the orders dated 22.12.2018 (Annex.5) and 02.01.2019 (Annex.6) cannot be entertained. 7. Consequently, the writ petition filed by the petitioner is, therefore, dismissed leaving it open for the petitioner to take any other appropriate proceedings in accordance with law.