Court No. - 30
Case :- WRIT - C No. - 17346 of 2021 Petitioner :- Surendra Kumar Verma Respondent :- Presiding Officer And 3 Others Counsel for Petitioner :- Hare Krishna Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
By the impugned order dated 29.01.2021 the restoration application filed by the respondents No. 2, 3 and 4 for recall of the ex parte award has been allowed.
The impugned order is a speaking order which records its satisfaction on the sufficiency and reason which prevented the respondent No. 2 to 4 to contest the proceedings before the court below.
After some arguments Sri Hare Krishan Tripathi, learned counsel for the petitioner does not challenge the impugned order dated 29.01.2021. He further submits that the adjudication of Case No. 23 of 2018 (Surendra Kumar Verma Vs. Nagar Palika Parishad, Barua Sagar, Jhansi and others) pending before the labour court at Jhansi be decided within a stipulated period of time.
The proceedings before the labour court were instituted in the year 2018.
I see merits in the submission of Sri Hare Krishan Tripathi, learned counsel for the petitioner that the proceedings should be decided in stipulated period of time.
(I) Interest of justice will be served by directing the respondent No. 1/ Presiding Officer, Labour Court, at Jhansi to decide the adjudication case No. 23 of 2018 (Surendra Kumar Verma Vs. Nagar Palika Parishad, Barua Sagar, Jhansi and others) within a period of one year from the from the receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with fresh copy of representation. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(II) All parties to the lis shall be given an opportunity of hearing before the final order is passed.
(III) All parties to the lis are directed to cooperate with the proceedings before the respondent No. 1/ Presiding Officer, Labour Court, at Jhansi .
(IV) In case any party does not cooperate in the proceedings before the respondent No. 1/ Presiding Officer, Labour Court, at Jhansi or adopts dilatory tactics, the respondent No. 1/ Presiding Officer, Labour Court, at Jhansi, shall record a finding to this effect and proceed in accordance with law.
(V) The learned respondent No. 1/ Presiding Officer, Labour Court, at Jhansi shall give short dates in the suit proceedings.
(VI) The learned respondent No. 1/ Presiding Officer, Labour Court, at Jhansi, shall not grant any unnecessary adjournment to the parties.
(VII) In case an adjournment is granted in the paramount interest of justice, the respondent No. 1/ Presiding Officer, Labour Court, at Jhansi shall impose costs not below Rs.1000/- for each adjournment upon the party seeking adjournment.
(VIII) If necessary, the learned respondent No. 1/ Presiding Officer, Labour Court, at Jhansi , shall proceed on day to day basis to ensure that the above timeline of one year to decide the regular suit is strictly adhered to.
(IX) This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of one year shall accordingly be enhanced.
(X) All the concerned officials of the State Government who are proposed to be called as witness are also directed to cooperate in the proceedings in the court below and appear as and when required to do so.
It is clarified that this Court has not considered the controversy on merits. The same shall be decided by the respondent No. 1/ Presiding Officer, Labour Court, at Jhansi after independent application of mind and in accordance with law.
With the aforesaid directions, the petition is finally disposed of.
Order Date :- 29.7.2021 Nadeem Ahmad