Allahabad High Court
Mahendra Kumar Tripathi vs U.P.Cooperative Spinning Mills ... on 22 April, 2013
Bench: Pankaj Mithal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 7524 of 2005
Petitioner :- Mahendra Kumar Tripathi
Respondent :- U.P.Cooperative Spinning Mills Federation Ltd.Thru M.D.
Petitioner Counsel :- Y.S.Lohit
Respondent Counsel :- C.S.C.,O.P.Srivastava
Hon'ble Pankaj Mithal,J.
Petitioner is not being extended the benefit of the award of the Labour Tribunal dated 30.5.2002.
The Court on 3.1.2013 had directed the Managing Director, U.P. Co-operative Spinning Mills Federation Limited, C-1, Indira Nagar Road Azad Nagar, Kalyanpur, Kanpur to appear in person.
The Managing Director had appeared before the Court on 12.2.2013 and had assured that he will make all possible honest endeavour to ensure that the payment under the award is made to the petitioner. On his assurance the matter was adjourned and was posted for today with the direction that insead of Managing Director, Senior Accounts Officer of the Federation shall be present.
When the matter was called today, no one appeared for respondent no. 4 and the Senior Accounts Officer directed to be present was also absent.
Later Sri O.P. Srivastava, learned counsel for respondent no. 4 appeared and informed that the Senior Accounts Officer has come to the Court but as the entry pass has not been issued, he would be late.
Later Sri Gyanesh Shukla, Finance Officer U.P.Co-operative Spinning Mills Federation Limited attended the Court and said that though the direction was for appearance of Senior Accounts Officer but as there is no such post he has appeared.
It has been informed that the Managing Director has written a letter on 19.2.2013 to the State Government for providing funds on loan for satisfying the award and that the assets of the company are in custody of the Official Liquidator pursuant to some directions of the Bombay High court.
No material in this regard has been brought on record.
The fact however remains that the award has not been satisfied despite assurance given by the Managing Director of this Court and the steps allegedly taken by him does not appear to be satisfactory.
In view of the above, the Court is left with no option but to again summon the Managing Director and the Finance Officer to show cause as to why the payment under the award has not been made despite assurance given to the Court on the last occasion.
The Finance Officer shall also remain present on the next date.
List on 30th April 2013 on which date both the Managing Director and the Finance Officer of the Federation shall be present in the Court.
Registry is directed to communicate this order to the Managing Director by tomorrow ie. 23.4.2013.
Order Date :- 22.4.2013
SKS
