Allahabad High Court
M/S Vidya Kendra Books And Stationers ... vs The Presiding Officer Labour Court And 2 ... on 16 May, 2024
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:88594
Court No. - 6
Case :- WRIT - C No. - 14571 of 2024
Petitioner :- M/S Vidya Kendra Books And Stationers Private Limited
Respondent :- The Presiding Officer Labour Court And 2 Others
Counsel for Petitioner :- Shalini Srivastava,Sudhanshu Narain
Counsel for Respondent :- Aryavart Prasad Srivastava,C.S.C.
Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and learned counsel for the workman (respondent no.2).
2. In view of the peculiar facts and circumstances of the present case and the order proposed to be passed hereunder, this Court proceeds to decide the instant writ petition finally, without calling for respective affidavits of the parties concerned, with the consent of learned counsel for the parties present in the Court.
3. The petitioner (establishment) has invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the award/ judgment dated 14.02.2024 passed by the Presiding Officer, Labour Court, Varanasi in Adjudication Case No.10 of 2019, published on 27.03.2024.
4. The solitary submission raised by learned counsel for the petitioner that learned Labour Court has passed the award ex parte sans effective and proper opportunity of hearing accorded to the petitioner. It is next submitted that the order impugned may be quashed and the Labour Court may be directed to decide the aforesaid adjudication case afresh, after affording proper opportunity of hearing to the petitioner.
5. Per contra, learned counsel for the private respondent has opposed the submission as raised by learned counsel for the petitioner, although shown his consent to relegate the parties before the Presiding Officer, Labour Court, Varanasi (respondent no.1) to get the matter decided afresh, after affording opportunity of hearing to the parties concerned.
6. In this conspectus, as above, and also in view of the consent given by learned counsel for the private respondent no.2, no useful purpose would be served to keep this writ petition, therefore, this writ petition is being decided finally, without entering into the merits of the case. As such, instant writ petition succeeds and is allowed on the cost of Rs.25,000/- to be paid by the petitioner (establishment) to the private respondent no.2. Ex parte award/judgment dated 14.02.2024 passed by the learned Labour Court is hereby quashed. Original proceeding in Adjudication Case No.10 of 2019 is restored to its original number and the parties are relegated before the Labour Court who shall consider and decide the said adjudication case afresh, after affording opportunity of hearing to the parties concerned.
7. It is made clear that both the parties shall appear before the Presiding Officer, Labour Court,Varanasi (respondent no.1) on 27.05.2024. On the said date, the present petitioner (establishment) shall adduce all his documentary evidence in support of his case along with objection, if any. After receiving the said documents/objection, as mentioned above, the Labour Court shall fix date for further proceedings. It is expected that the Labour Court shall make an endeavour to decide the aforesaid adjudication case in accordance with law, expeditiously, preferably within a period of four months thereafter. Cost of Rs.25,000/-, as imposed by the order of the date, shall be paid by the petitioner (establishment) to workman (respondent no.2) on 27.05.2024 itself through bank draft in his name.
Order Date :- 16.5.2024
VR
