Court No. - 2
Case :- WRIT - C No. - 9823 of 2018 Petitioner :- Shri Phool Chand Yadav Respondent :- Pradhan Prabandhak, Kisan Sahkari Chini Mills Ltd. And 2 Ohters Counsel for Petitioner :- Jamil Ahamad Azmi Counsel for Respondent :- Ravindra Singh,C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Jamil Ahamad Azmi for the petitioner and Sri Ravindra Singh for respondent-1.
This writ petition has been filed for mandamus directing the Secretary under Industrial Disputes Act,1947/Deputy Labour Commissioner, Azamgarh to proceed u/s 6H(1) of U.P. Industrial Dispute Act, in pursuance of the award dated 29.10.2015, published on 28.3.2016.
It has been stated by counsel for respondent-1 that award dated 20.11.2015 was an ex parte award and respondent-1 has filed an application for setting aside the award. This Court has also by order dated 24.3.2017, passed in Writ - C No. 12358 of 2017, has directed to decide the application of the petitioner dated 12.4.2016 within three months. Although certified copy of the order dated 24.3.2017 was produced before the Labour Court, but the Labour Court was vacant, as such, application of the petitioner could not be disposed of. Now, Presiding Officer has been appointed, who will be available in the Court on 5.4.2018. He submits that as recall application of the petitioner is pending, as such, proceeding u/s 6H(1) be postponed.
Since there is no interim order by the Labour Court, as such, it is not proper to postpone the proceeding u/s 6H(1).
In the facts of the case, the writ petition is disposed of directing Deputy Labour Commissioner to pass an appropriate order on the application of the petitioner u/s 6H(1) within two months from the date of producing a certified copy of this order before him. However, the petitioner shall also appear before the Labour Court in the recall application of respondent-1 and contest the matter on the next date fixed in it.
Order Date :- 27.3.2018 Jaideep/-