Court No. - 2
Case :- WRIT - C No. - 11147 of 2018 Petitioner :- M/S. Mahindra And Mahindra Financial Services Ltd.
Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Devendra Vikram Singh,Durgesh Bahadur Singh Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri S.P. Gautam for the petitioner.
This writ petition has been filed for quashing the recovery certificate dated 13.3.2018, which has been issued in pursuance of the award of Labour Court dated 17.6.2014, as published on 22.1.2015.
It is stated that the petitioner filed an application for setting aside the Labour Court award dated 17.6.2014, which was heard on 3.8.2016 and 27.8.2016, but thereafter, the Court has become vacant. The petitioner filed Writ - C No. 37277 of 2016, for the relief that vacancy of the Court of Labour Court be filled up and till the disposal of the recall application, award dated 17.6.2014 shall be kept in abeyance. The writ petition was disposed of by order dated 1.9.2016, directing the Principal Secretary, Labour Court, Govt. of U.P. to ensure filling up the vacancy of Presiding Officer of Labour Court at Rampur within six weeks and in alternative, matter of the petitioner be transferred before appropriate Labour Court. It has been observed that any coercive action against the petitioner shall abide by the disposal of the recall application. Now, the petitioner has filed this writ petition for quashing the recovery certificate.
So far as prayer of the petitioner for keeping the recovery proceeding, in pursuance of the ex parte award dated 17.6.2014, in abeyance is concerned, it has already been considered by earlier Bench and in its order dated 1.9.2016, recovery has not been kept in abeyance, rather, it has been held that any coercive action against the petitioner shall abide by the disposal of the recall application, meaning thereby, that coercive action in pursuance of the recovery may go on and on disposal of the recall application, the petitioner will be at liberty to get it cancelled. In such circumstances, a fresh writ petition for the same relief is not maintainable.
The writ petition is dismissed under Chapter 22 Rule 7 of the High Court Rules.
Order Date :- 28.3.2018/Jaideep/-