Court No. - 19
Case :- WRIT - C No. - 26994 of 2021 Petitioner :- Rajendra Prasad Kashyap And 5 Others Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Manish Kumar Nigam,Manoj Kumar Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Manish Kumar Nigam, learned counsel for the petitioner submits that the issue of validity of agreement dated 16.4.2019 allegedly entered between the respondent nos.5,6 and 7 is pending before the Labour Commissioner, Uttar Pradesh having its Office at G.T. Road, Kanpur, respondent no.3, who has passed an order dated 19.2.2020, whereby the agreement dated 16.4.2019 was stayed and further proceedings are presently pending. He further submits that the Special Secretary of the Uttar Pradesh has communicated a letter dated 17.9.2021 to the Labour Commissioner Uttar Pradesh that the Hon'ble Minister has taken a decision that the order dated 19.2.2020 passed by the Labour Commissioner be set-aside and the agreement dated 16.4.2019 be enforced. The said communication is in a way of direction and there is likelihood that the Labour Commissioner may take a decision in view of the aforesaid communication. However, he fairly submits that till date, no decision has been taken by the Labour Commissioner in pursuance of the aforesaid communication dated 17.9.2021 and he prayed that before any decision is taken in pursuance of the aforesaid letter, all the parties may be heard.
Shri. G.N.Srivastava, learned Standing Counsel fairly submits that it is merely a communication and it is not a direction and the Labour Commissioner will hear the parties before taking any decision on the basis of the aforesaid communication.
In view of the above, this writ petition is disposed of with the direction to the respondent no.3, that in case he took cognizance on the impugned letter dated 17.9.2021, no decision be taken on the aforesaid communication without hearing all the parties concerned. It is expected that decision if taken will be in accordance with law.
Order Date:-28.10.2021 SB