M/S Uma Paper And Allied Industries ... vs Presiding Officer Labour Court,U.P. ...
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Allahabad High Court

M/S Uma Paper And Allied Industries ... vs Presiding Officer Labour Court,U.P. ... on 27 May, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:40355
 
Court No. - 17
 

 
Case :- WRIT - C No. - 4744 of 2024
 

 
Petitioner :- M/S Uma Paper And Allied Industries Thru. Its Partner
 
Respondent :- Presiding Officer Labour Court,U.P. Lko. And Another
 
Counsel for Petitioner :- Birendra Prasad Singh,Kashi Nath Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.
 

Heard learned counsel for petitioner and learned State Counsel for opposite party No.1.

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

Petition has been filed challenging order dated 6th April, 2024 passed in a Misc. case No. 83 of 2001.

It has been submitted that a bare perusal of the impugned order will make it evident that it has been passed in proceedings under Section 33-C (2) of the Industrial Disputes Act 1947 which are only in the nature of execution proceedings for implementation of an award passed by the authority whereas in the present case, final adjudication has been done in the aforesaid proceedings, which is impermissible and without jurisdiction. Learned counsel has placed reliance on the judgment rendered in the case of Messrs Bombay Chemical Industries versus Deputy Labour Commissioner and another, Civil Appeal no. 813 of 2022 to buttress his submissions.

Prima facie submissions advanced by learned counsel for petitioner have force and require consideration for which opposite party No.2 is granted three weeks time to file counter affidavit. Learned State Counsel shall also seek instructions in this matter with regard to petitioner's submissions.

List this case on 12th July, 2024 as fresh.

Till next date of listing, operation of impugned order dated 6th April, 2024 passed in Misc. case No. 83 of 2001 shall remain stayed.

Order Date :- 27.5.2024

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