U.P. State Supar Corporation vs Presiding Officer And Others
2023 Latest Caselaw 1213 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 27956 of 2000
 

 
Petitioner :- U.P. State Supar Corporation
 
Respondent :- Presiding Officer And Others
 
Counsel for Petitioner :- Shakti Swarup Nigam,Sr.Advocate
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rohit Ranjan Agarwal,J.

1. Heard Sri Shakti Swarup Nigam, Senior Advocate, assisted by Sri Alok Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for respondent No.1. No one has put in appearance on behalf of respondent No.2.

2. This writ petition has been preferred assailing the order dated 23.02.2000 passed by Presiding Officer, Labour Court, Varanasi, in proceedings under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter called as "Act of 1947").

3. At the very outset, Sri Nigam, Senior Advocate has placed before the Court the judgment rendered by coordinate Bench of this Court in Civil Misc. Writ Petition No.6427 of 1998 whereby the Court had quashed the award passed by Labour Court in regard to reinstatement of respondent No.2 in the U.P. State Sugar Corporation vide judgment dated 05.01.2006.

4. According to learned senior counsel, once the award made by the Labour Court has been set aside by this Court, proceedings under Section 33-C(2) of Act of 1947 cannot proceed.

5. In view of the said fact, the order passed by respondent No.1 dated 23.02.2000 is unsustainable in the eyes of law and the same is hereby set-aside.

6. The writ petition stands allowed.

Order Date :- 11.1.2023

Kushal