Court No. - 32
Case :- WRIT - C No. - 10102 of 2018 Petitioner :- M/S Paras Real Tech Limited Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Sarwar Ali Siddique
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the parties and perused the record.
By way of the present petition, challenge has been made to the award dated 12.01.2018 passed by respondent no.4 Deputy Labour Commissioner, Gautam Budh Nagar and the recovery order dated 1.2.2018 (Annexure-6 to the writ petition) and citation dated 13.3.2018 passed by respondent no.6 Sub- Divisional Magistrate, Sadar, Gautam Budh Nagar Annexure-7 to the writ petition.
Contention is that the order impugned dated 01.02.2018 is an ex-parte order and no opportunity of hearing/participation in the proceeding was accorded to the petitioner and it need to be heard on merit so that proper adjudication may follow.
Learned counsel for the respondent no.1 to 5 is present. Though he has objected to the prayer so made and has claimed that it so happened that the petitioner in fact has participated in the proceedings. However, during latter part of the proceeding, the case proceeded ex-parte against the petitioner because the petitioner absented itself from the proceeding of the case.
In that regard, it has been argued that for the time being, no effect should be given to the award impugned and the attachment order passed by respondent no.6 may not be given effect to till the disposal of application for recall of the order passed by the respondent no.4, provided the recall application is moved within 15 days from today before the respondent no.4 and the respondent no.4 is duty bound to consider and dispose of the same after fixing a short date thus affording opportunity of hearing primarily to respondent no.5 and the petitioner.
It is clarified that by dint of and expression of this order, notice of this order is already known to the respondent no.5 and he need not be informed separately by the court below when it proceeds further.
In view of the above, it is directed that the Employees/Union should appear before respondent no.4 within 15 days from today i.e. 22th January, 2021. On which date, the short date fixed for hearing of the ex-parte application shall be brought to the notice to respondent no.5. On that date, the matter shall be heard and proceeded so that the same be disposed of within a period of one month from 27th January, 2021.
The petition stands disposed of accordingly.
Order Date :- 7.1.2021 CS