Ram Jokhan Dhuria vs The Prisiding Officer, Labor ...
2023 Latest Caselaw 1367 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 121 of 2023
 

 
Petitioner :- Ram Jokhan Dhuria
 
Respondent :- The Prisiding Officer, Labor Court, U.P. Faizabad And Others
 
Counsel for Petitioner :- Daya Shankar Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

Petition has been filed seeking a direction to the court concerned for expeditious disposal of execution proceedings pending in pursuance to award dated 21st March, 2016 passed by labour court.

Learned counsel for petitioner submits that petitioner had filed application under Industrial Disputes Act before the Labour Court pertaining to his disengagement from service which was registered as case No.30 of 2003 in which award dated 21st March, 2016 was passed. It is submitted that against the award, opposite parties filed writ petition No. 21600 (M/S) of 2018 which was dismissed on 31st July, 2018 and special leave petition (civil) No. 46625 of 2019 thereagainst was also dismissed with cost vide judgment and order dated 9th September, 2021.

It is submitted that in the meantime petitioner filed an application for execution of award which was registered as case No.92 and in which notices were also issued on 28th September, 2016 whereafter on 22nd March, 2018, recovery was also directed to be effected on the opposite parties but till date no payment has been made to the petitioner. Learned counsel does not have any information with regard to proceedings subsequent to issuance of recovery certificate.

Considering the fact that award in favour of petitioner has been upheld right upto the Hon'ble Supreme Court and in the execution proceedings, recovery has also been directed to be effected, the Presiding Officer, Labour Court, Faizabad is directed to ensure compliance of the award dated 21st March, 2016 in case No. 30 of 2003 expeditiously, preferably within a period of two months from the date a certified copy of this order is brought on records in proceedings in case there is no legal impediment.

With the aforesaid directions, the petition stands disposed of.

Order Date :- 12.1.2023

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