Court No. - 43
Case :- WRIT - C No. - 12917 of 2019 Petitioner :- Nagar Nigam Motijheel Kanpur Respondent :- Presiding Officer Labour Court (3) Uttar Pradesh Kanpur And Another Counsel for Petitioner :- Yashwant Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Impleadment application is allowed.
Let the heir of workman deceased, Smt. Rama Devi, be impleaded as respondent no. 3.
The award of the Labour Court, dated 2.8.2018, passed in Adjudication Case No. 251/2000, is assailed in this petition. The Presiding Officer of the Tribunal has allowed benefit of regularization to the deceased workman w.e.f. 31.10.1987 to 30.6.2014.
It is submitted on behalf of the petitioner that there existed no provision under which services of the deceased workman could have been regularized w.e.f. 31.10.1987.
Matter requires consideration.
Issue notice to respondent nos. 2 & 3. Steps be taken by registered/speed post, within a week.
All the respondents may file counter affidavit, within six weeks. Rejoinder affidavit will be filed, within two weeks thereafter.
List thereafter.
Till the next date of listing, effect and operation of the award, would be kept in abeyance, provided petitioner deposit a sum of Rs. 50,000/- with the Industrial Tribunal concerned within a period of one month from today. The amount so deposited shall be released to the respondent no. 3 without insisting upon deposit of any security.
Order Date :- 30.4.2019 Ranjeet Sahu