Amity University, U.P., Lucknow ... vs Presiding Officer, Labour Court, ...
2022 Latest Caselaw 19295 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - C No. - 8588 of 2022
 

 
Petitioner :- Amity University, U.P., Lucknow Campus,Lko. Thru. Authorized Signatory
 
Respondent :- Presiding Officer, Labour Court, Lko. And 2 Others
 
Counsel for Petitioner :- Aishwarya Pratap Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

By means of present petition, the award of Labour Court dated 18.02.2020 (published on 25.06.2020) passed by respondent no.1/ Presiding Officer, Labour Court, Lucknow in Adjudication Case No.91 of 2013 under the provision of U.P. Industrial Dispute Act, 1947 has been challenged by the petitioner whereby the Labour Court has directed the petitioner to reinstate the respondent no.2 and to provide 50% back wages to him.

It is stated by learned counsel for the petitioner that the direction of labour court regarding reinstatement and payment of 50% back wages to respondent no.2 is contrary to law laid down by Hon'ble Apex Court. He has placed reliance on the judgments of Hon'ble Supreme Court in the cases of Rajasthan State Road Transport Corporation, Jaipur Vs. Shri Phool Chand(dead) through L.Rs. passed in Civil Appeal No.1756 of 2010 and Bharat Sanchar Nigam Limited Vs. Bhurumal reported in (2014) 7 Supreme Court Cases,177.

Learned counsel for the petitioner further stated that the recovery process has been initiated against the petitioner and considering the same as well as the law laid down by Hon'ble Apex Court in the judgments referred above, the impugned award is liable to be interfered with by this Court.

It is also stated that the petitioner is ready to deposit the amount as per direction given by Labour Court before this Court.

Considering the submission made by learned counsel for the petitioner and going through the record as an interim measure it is provided that if the petitioner deposits the amount as directed by Labour Court within ten days from today before this Court, the implementation of award of Labour Court dated 18.02.2022 (published on 25.06.2020) passed by respondent no.1/ Presiding Officer, Labour Court, Lucknow in Adjudication Case No.91 of 2013 shall remain stayed till the next date of listing.

Notice on behalf of opposite party no.1 and 3 has been accepted by learned Chief Standing Counsel.

Issue notice to opposite party no.2 returnable at an early date .

In addition to regular mode of service, liberty is given to the learned counsel for the petitioner to serve notice on respondent no.2 out side the Court.

Office is directed to provide dasti summons to the learned counsel for the petitioner for service on respondent no.2 out side the court fixing 20.12.2022.

List on 20.12.2022.

Learned counsel for the petitioner shall file affidavit of service on or before the next date fixed.

Order Date :- 1.12.2022

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