Court No. - 7
Case :- WRIT - C No. - 41245 of 2018 Petitioner :- Uttar Pradesh State Industrial Development Corporation Ltd. Respondent :- Deputy Labour Commissioner, Kanpur Region And Another Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Admittedly, the petitioner has not instituted any writ petition to challenge the ex-parte award dated 16.10.1997 passed in Adjudication Case No.49 of 1995. Therefore, the liberty granted by the Supreme Court vide order dated 09.09.2014 in Special Leave to Appeal (C) No. 10224 of 2015 has not been availed by the petitioner.
2. The objection that may have been filed in the recovery proceedings do not amount to challenge to the ex-parte award.
3. Therefore, at present, the recovery proceedings do not appear to suffer from any infirmity. The present writ petition is accordingly dismissed. However, it may remain open to the petitioner to act in accordance with the observations of the Supreme Court.
Order Date :- 19.12.2018 Abhilash