M/S S.C. Ltd. vs State
2012 Latest Caselaw 718 ALL

Citation : 2012 Latest Caselaw 718 ALL
Judgement Date : 23 April, 2012

Allahabad High Court

M/S S.C. Ltd. vs State on 23 April, 2012

Bench: Sudhir Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 25469 of 1993
 

 
Petitioner :- M/S S.C. Ltd.
 
Respondent :- State
 
Petitioner Counsel :- R. Tiwari
 

 
Hon'ble Sudhir Agarwal,J.

Petitioner was issued notice to engage another counsel pursuant to Court's order dated 02.5.2011. Office report dated 13.4.2012 that the notice sent by the office through registered post fixing 5.5.2010 has neither been received back nor acknowledgement is received. Service is deemed sufficient.

Called in revised. None appeared on behalf of the petitioner. However, I have perused the record.

The impugned reference has been assailed on the ground that respondent no. 2, Addl. Labour Commissioner, Ghaziabad, had no jurisdiction to make the reference in exercise of powers under section 4-K of the U.P. Industrial Disputes Act.

This issue has been answered by this Court in Vam Organics Chemical Ltd. (M/s.) Vs. Dy. Labour Commissioner, Moradabad and others, reported in 2005 (2) UPLBEC 1504, wherein this Court has held that after the delegation is made, the Addl. Labour Commissioner was well within its jurisdiction to exercise the power of making a reference under section 4-K of the U.P. Industrial Disputes Act.

In view of the above, I do not find any error apparent on the face of the impugned reference warranting interference under Articles 226 of the Constitution.

The writ petition is dismissed. Interim order, if any, stands vacated.

Order Date :- 23.4.2012

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