Madhya Pradesh High Court

Manager Johar Enterprises H.P. ... vs Uttam Kori on 12 July, 2022

Author: Dwarka Dhish Bansal

                                              1
                         IN THE HIGH COURT OF MADHYA PRADESH
                                      AT JABALPUR
                                              BEFORE
                            HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                       ON THE 12th OF JULY, 2022

                                           MP-05909-2019

                      Between:-
                      (MANAGER JOHAR ENTERPRISES H.P. GAS,
                      NAPIER TOWN, JABALPUR, THR. DEEPANSHU
                      DUBEY, S/O BHUPENDRA DUBEY AGE 31 YEARS
                      OCC. PARTNER JOHAR ENTERPRISES H.P. GAS
                      SHOP    No.  3   GURUDAWARA    MARKET
                      GORAKHPUR JABALPUR (MADHYA PRADESH)

                                                                     .....PETITIONER
                      (BY SHRI NITIN DUBEY-ADVOCATE )

                      AND

                      PRAKASH PILLAY, S/O SHRI RAMA SWAMI ,
                      AGED ABOUT 56 YEARS, OCCUPATION: NIL, R/O.
                      MANIRAM KA BAGICHA GORA BAZAAR,
                      JABALPUR (MADHYA PRADESH)

                                                                    .....RESPONDENT

(BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5908 of 2019

Between:-

(MANAGER JOHAR ENTERPRISES H.P. GAS, NAPIER TOWN, JABALPUR, THR. DEEPANSHU DUBEY, S/O BHUPENDRA DUBEY AGE 31 YEARS OCC. PARTNER JOHAR ENTERPRISES H.P. GAS SHOP No. 3 GURUDAWARA MARKET GORAKHPUR JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI NITIN DUBEY- ADVOCATE)

AND Signature SAN Not Verified UTTAM KORI) S/O LATE SHRI MIHILAL Digitally signed by THAKUR, R/O HOUSE NO. 1228 FULSAGAR P.S. SWETA SAHU GARHA, JABALPUR (M.P.) (MADHYA PRADESH) Date: 2022.07.14 15:18:12 IST

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5909 of 2019

Between:-

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE)

AND

UTTAM KORI S/O LATE SHRI MANNALAL KORI , AGED ABOUT 47 YEARS, R/O H.N. 1694 GUPTA NAGAR TILWARA ROAD NEAR MEDICAL JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5911 of 2019

Between:-

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE)

AND

KAMAL SINGH KORI S/O LATE SHRI MUNNALAL KORI , AGED ABOUT 54 YEARS, OCCUPATION: NIL, R/O. HOUSE NO.1693 GUPTA NAGAR, TILWARA ROAD NEAR MEDICAL COLLEGE, P.S. GARHA JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5914 of 2019

Between:-

MANAGER JOHAR ENTERPRIESES H.P. GAS GORAKHPUR GURUDWARA NAPIER TOWN JABALPUR THR. DEEPANSHU DUBEY S/O BHUPENDRA DUBEY A/A 31 OCCUPATION PARTNER JOHAR ENTERPRISES H.P. GAS SHOP NO. 3 GURUDWARA, MARKET, GORAKHPUR, JABALPUR (M.P.) (MADHYA PRADESH)

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE )

AND

HORILAL LALKHER, S/O SHRI RAMA SWAMI , AGED ABOUT 56 YEARS, OCCUPATION: NILL, R/O. HOUSE NO. MANIRAM KA BAGICHA, GORA BAZAR JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5915 of 2019

Between:-

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE)

AND

RAJU PILLAY S/O LATE SHRI GANESHAN PILLAY , AGED ABOUT 51 YEARS, OCCUPATION: NILL NEAR GURUDWARA GORAKHPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5916 of 2019

Between:-

(MANAGER JOHAR ENTERPRISES H.P. GAS NAPIER TOWN JABALPUR THR. DEEPANSHU DUBEY S/O BHUPENDRA DUBEY A/A 31 OCCUPATION PARTNER JOHAR ENTERPRISES H.P. GAS SHOP NO. 3 GURUDWARA, MARKET, GORAKHPUR, JABALPUR (M.P.) (MADHYA PRADESH)

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE )

AND

NARMADA PRASAD, S/O SHRI KANCHEDI PRASAD BRAHMAN , AGED ABOUT 47 YEARS, OCCUPATION: NIL GARHA PURBA, NEAR ATTA CHAKKI P.S. GARHA JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5918 of 2019

Between:-

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE)

AND

PAPPU KORI, S/O LATE SHRI BALRAM KORI , AGED ABOUT 41 YEARS, OCCUPATION: NIL, R/O. HOUSE NO.802 RAMNAGAR SHAHNALLA TILWARAGHAT (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5922 of 2019

Between:-

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE )

AND

RAMNATH SHRIVASTAVA, S/O LATE SHRI HANUMAN PRASAD SHRIVASTAVA, AGED ABOUT 63 YEARS, R/O HOUSE NO. 4732/32 JAWAHAR NAGAR, ADHARTAL JABALPUR (M.P.) (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5923 of 2019

Between:-

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE)

AND

SHRIRAM PRASAD S/O SHRI KANCHEDI PRASAD BRAHMAN , AGED ABOUT 44 YEARS, OCCUPATION: NIL, R/O GARHA PURBA P.S. GARHA JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5924 of 2019

Between:-

(MANAGER JOHAR ENTERPRISES H.P. GAS NAPIER TOWN JABALPUR THROUGH DEEPANSHU DUBEY JOHAR ENTERPRISES H.P. GAS SHOP NO.3 GURUDWARA, MARKET GORAKHPUR, JABALPUR (M.P.) (MADHYA PRADESH)

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE)

AND

DURGA PRASAD KORI, S/O LATE SHRI SHOBHA RAM KORI , AGED ABOUT 54 YEARS, R/O HOUSE NO. 1722 GUPTA NAGAR, NEAR MEDICAL COLLEGE P.S. GARHA, JABALPUR (M.P.) (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAJESH DEOLIA-ADVOCATE )

MISC. PETITION No. 5925 of 2019

Between:-

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE )

AND

MAHENDRA SINGH RAJPUT S/O LATE SHRI BUDDU SINGH RAJPUT , AGED ABOUT 52 YE A R S , OCCUPATION: NIL H.N. 576 KORI MOHALLA GORAKHPUR JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

MISC. PETITION No. 5926 of 2019

Between:-

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE)

AND

SURESH VISHWAKARMA S/O LATE SHRI MOHAN LAL VISHWAKARMA , AGED ABOUT 52 YEAR S, OCCUPATION: NIL , R/O HOUSE NO. LAMETHA GHAT ROAD NEAR SAI MANDIR SAGDA P.S. GARHA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

AND

MISC. PETITION No. 5928 of 2019

Between:-

.....PETITIONER (BY SHRI NITIN DUBEY-ADVOCATE)

AND

PRAMAL PILLAY S/O LATE SHRI SINGAR BEL PILLAY , AGED ABOUT 30 YEARS, OCCUPATION:

NIL, R/O H.NO.1098 KORI MOHALLA GORAKHPUR JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI RAVISH DEOLIA-ADVOCATE)

This petition coming on for admission this day, th e court passed the following:

ORDER Heard on the question of admission.

By the impugned order dated 22.10.2019 (Annexure P-4), the Labour Court while setting aside the ex parte judgment dated 30.01.2017, has imposed condition of making deposit 50% of the award in question dated 30.01.2017.

It is admitted fact that the respondents are not challenging the order dated 22.10.2019 and the learned counsel for the respondents submits that if the amount directed by the Labour Court vide order dated 22.10.2019 is deposited by the present petitioner, respondents shall not withdraw that amount.

After arguing at length, in reply to the order passed by this Court on 05.07.2022, learned counsel for the petitioner submits that as per settled legal position the order making deposit of some amount can be passed while passing the order setting aside ex parte judgment.

Learned counsel for the petitioner submits that he is ready to furnish the bank guarantee of an amount of Rs.50,000/- (in each case) instead of making deposit half of the amount, as has been directed by the court below.

The aforesaid prayer is not disputed by learned counsel for the respondents.

Accordingly, the impugned order is modified to the extent that the petitioner shall furnish bank guarantee to the tune of Rs.50,000/- (in each case) within a period of one month, as has already been ordered by the Labour Court

vide order dated 22.10.2019.

Learned counsel for the parties further prays that the original case pending before the Labour Court be directed to be decided within a period of six months.

Prayer being reasonable, is accepted. It is directed that the Labour Court shall positively decide the pending case within a period of six months.

With the aforesaid observations, the petitions stand disposed off.

(DWARKA DHISH BANSAL) JUDGE ss