M/S D.B. ENGINEERING COMPANY v. PRESIDING OFFICER, LABOUR COURT U.P. AND 4 OTHERS
WRIC/42379/2024 · 2025-01-23
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112135 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112135 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:11564 Court No. - 33 Case :- WRIT - C No. - 42379 of 2024 Petitioner :- M/S D.B. Engineering Company Respondent :- Presiding Officer, Labour Court U.P. And 4 Others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The present writ petition is filed with the following prayer:
"i. Issue a writ, order or direction in the nature of certiorari, quashing the
Judgment and Award dated 25.09.2023 passed by Respondent no.1 in Adjudication Case no.324 of 2011 (Shri Rajkumar Das vs M/S D.B. Engineering) published 04.12.2023 (Annexure: 1 to the writ petition); ii) Issue a writ, order or direction in the nature of certiorari, quashing the Recovery Order dated 03.08.2024 passed by the Deputy Labour Commissioner; iii) Issue a writ, order or direction in the nature of certiorari, quashing the Recovery Citation dated 06.11.2024 issued by the Tehsildar. iv) Issue a writ, order or direction in the nature of mandamus directing the Respondent No.1 to expeditiously decide the Recall Application dated 04.04.2024 filed by the Petitioner;"
3. Learned counsel for petitioner submits that ex parte award dated 25.9.2023 was passed against petitioner. The authority representative of the petitioner withdrawn his authority and thereafter, matter has been decided ex parte. 3-B. At this stage, learned counsel for petitioner submits that recall application of petitioner dated 4.4.2024 may be decided in a time bound manner. Learned counsel for petitioner submits that recovery was issued against petitioner for execution of award and as such, he submits that ends of justice would be served, if the petitioner is permitted to deposit 50% of the awarded amount before respondent no.1 and the same may be kept in a fixed deposit account bearing interest in a nationalized bank.
4. Learned Standing Counsel has no objection to the prayer.
5. Accordingly, the writ petition is disposed of with a direction to respondent no.1-Presiding Officer, Labour Court, U.P. Nodia, Gautam Budh Nagar to decide the recall application dated 4.4.2024 filed by the petitioner within two months from the date of production of a certified copy of order. If the petitioner deposits 50% of the awarded amount as per award dated 25.9.2023 within 15 days from today, the same may be kept in a fixed deposit account bearing interest in a nationalized bank by respondent no.1 and would be subject to order passed on recall application. In the event, petitioner deposits 50% of the awarded amount, further recovery proceedings be kept in abeyance till disposal of recall application
Order Date :- 23.1.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad