Court No. - 18
Case :- WRIT - C No. - 35659 of 2018 Petitioner :- Keran Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Anupam Kulshreshtha, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
In view of the order proposed to be passed, notices need not go to fifth respondent.
The petitioner is before this Court for a direction to fifth respondent to pay the amount of Rs.6,94,925/- awarded by the Presiding Officer/ Labour Court-(II), Kanpur Region, Kanpur under Section 4K of the U.P. Industrial Disputes Act and for a direction to Collector, Farrukhabad-fourth respondent to recover the sum of Rs.6,94,925/- along with interest at the rate of 12% from the respondents pursuant to award dated 29.5.2001 and the order dated 1.8.2014 passed under Section 6H (1) of the Industrial Disputes Act.
Learned counsel for the petitioner apprises to the Court that the aforesaid award was subjected to challenge in Writ Petition No.6183 of 2002 by fifth respondent. In the said writ petition initially the interim order was accorded on 13.2.2002 staying the effect and operation of the impugned award dated 29.5.2001 provided the fifth respondent make compliance of Section 17B of the Industrial Disputes Act within six weeks. The said interim order was complied with but eventually the mill in question was closed down and receiver was appointed in the matter. The said writ petition was dismissed as infructuous vide order dated 11.10.2011. It is sought to be contended that no recall application has been filed for recalling the order dated 11.10.2011 and as such the award has attained finality. Once the petitioner has initiated proceeding under Section 6H(1) of the Industrial Disputes Act, in response to the show cause, counter was preferred stating that now mill has already been closed down and the District Magistrate/Collector, Farrukhabad has been appointed as Receiver in the matter. In case the amount is to be paid, the same is to be paid by the District Magistrate/ Collector, Farrukhabad. In this backdrop, learned counsel for the petitioner states that direction may be issued for release of the aforesaid amount in question as the award was passed way back on 29.5.2001.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the Collector/Receiver, Farrukhabad to proceed in the matter and pass appropriate order in accordance with law expeditiously and preferably within six weeks from today.
Order Date :- 26.10.2018 SP/