Ram Babu Sharma vs State Of U.P. And 3 Others
2023 Latest Caselaw 5135 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 2867 of 2023
 

 
Petitioner :- Ram Babu Sharma
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Akash Pandey,Gopal Narain Srivastava
 
Counsel for Respondent :- C.S.C,Adarsh Bhushan
 

 
Hon'ble Saurabh Shyam Shamshery,J.

This matter was fixed for 3.30 P.M.,however, learned counsel for respondents is not present.

Sri Gopal Narain Srivastava, learned counsel for petitioner has limited his argument only on the quantum of punishment and further placed reliance on a judgment of this Court in Joseph Solomon Vs.Presiding Officer, Labour Court, U.P. Dehradun & Anr, 2012 (134) FLR 424, wherein it has been held that Labour Court has ample power under Section 11-A of Industrial Disputes Act, 1947 and under Section 6 (2) (A) of U.P. Industrial Disputes Act, 1947 to consider the proportionality of punishment.

Since none has appeared on behalf of respondents as well as there is no dispute that Labour Court has ample power under Section 11-A of Industrial Disputes Act, 1947 and under Section 6 (2) (A) of U.P. Industrial Disputes Act, 1947 to consider the proportionality of punishment, this writ petition is partly allowed and the matter is remanded back to Labour Court to pass a fresh order in respect of quantum of punishment with further observation that aforesaid proceedings shall be concluded within a period of two months from today.

Order Date :- 15.2.2023

SB