Allahabad High Court
M/S Ram Krishna Netra Sewa ... vs Presiding Officer, Labour Court ... on 5 July, 2012
Bench: Prakash Krishna
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - C No. - 65292 of 2010
Petitioner :- M/S Ram Krishna Netra Sewa Sansthan
Respondent :- Presiding Officer, Labour Court Varanasi & Others
Petitioner Counsel :- Dinesh Mishra
Respondent Counsel :- C.S.C.,Ankit Saran
Hon'ble Prakash Krishna,J.
The petitioner claims that it is a Society registered under the Societies Registration Act, 1860 and is providing free treatment and relief to the eye patients. It is running an eye hospital. Shri Om Prakash Upadhyay-respondent no. 2 herein raised some labour dispute and the matter was referred to the Labour Court, Varanasi and it is registered as Adjudication Case No. 88 of 1996.
Learned counsel for the petitioner submits that the witnesses on its behalf appeared before the labour court. Shri Kashi Nath Upadhyay, controller of the Society appeared before the labour court and statement was recorded. 6th May, 2008 was fixed for his cross-examination. On the next date, no cross-examination was done by the workman and the matter was adjourned for 30th May, 2008. On 30th May, 2008, Shri Kashi Nath Upadhyay attended the Court but it was lying vacant and the matter was adjourned for 22nd July, 2008. The petitioner came to know through a publication notice published in newspaper that labour court has passed an order to proceed ex parte and has fixed 5th October, 2009 for argument. On that date, the petitioner attended the Court but the case was adjourned for 29th October, 2009. On 29th October, 2009 the petitioner filed an application for recall of the order to proceed ex parte, which was refused on short ground that the said application was moved not by present secretary but was filed by Shri Kashi Nath Upadhyay. Another application was filed by present controller/secretary of the Society Shri Jagdish Prasad Upadhyay along with application for condoantion of delay to recall the orders dated 8th September, 2009 and 8th March, 2010. The said application has been rejected by the order dated 11th October, 2010 impugned in the present writ petition. Hence, the present writ petition.
The present writ petition is pending since November 2010 and the further proceeding in aforesaid case has been stayed. Inspite of opportunity granted to the respondent no. 2-workman, no counter affidavit has been filed.
Today when the matter was taken-up, learned counsel for the respondent no. 2 made a statement before the Court that let the matter be remanded back to the labour court by setting aside the impugned order.
In view of the stand taken by the learned counsel for the respondent no. 2, it is not necessary to enter into the merits of the case.
The orders dated 8th September, 2009, 8th March, 2010 and 11th October, 2010 are, hereby, set aside. The recall application dated 27th March, 2010 filed by the petitioner before the labour court in Adjudication Case No. 88 of 1996 stands allowed. The labour court shall now proceed further in the matter in accordance with law, without any further delay. The labour court shall try to dispose of Adjudication Case No. 88 of 1996 expeditiously, preferably within a period of six months from the date of filing of certified copy of this order.
The writ petition is allowed.
(Prakash Krishna,J)
Order Date :- 5.7.2012
MK/
