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2025 DAILYLAW 11275 (RAJ)

MANAGER GLOBUS SPIRIT LTD. v. SHIV SHANKAR S/O SHRI HARDAYAL

CW/3803/2025 · 2025-03-25

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3803/2025 Manager Globus Spirit Ltd., Shyampura, Tehsil Behror, District Alwar (Raj.) ----Petitioner Versus Shiv Shankar S/o Shri Hardayal, Aged About 36 Years, R/o Village Goonti, Tehsil Behror, District-Alwar, Rajasthan. ----Respondent For Petitioner(s) : Mr. Harsh Dadhich for Mr. Veyankatesh Garg For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 25/03/2025 1. By way of filing of this petition, a prayer has been made for issuing directions to the Trial Court to decide the application dated 13.09.2022 submitted by the petitioner- company. 2. Learned counsel for the petitioner submits that claim petition filed by the respondent-workman was not maintainable in view of Section 2A(2) of the Industrial Disputes (Amendment) Act, 2010. Counsel submits that without adjudication of the disputes by the Reconciliation Officer, the workman had straightaway approached the Labour Court, i.e., after 45 days of conciliation period. Counsel submits that the claim petition submitted by the workman straightaway before the Labour Court is not maintainable, that is why, the aforesaid application was (2 of 2) [CW-3803/2025] submitted, but in spite of passing of considerable time, till date, the said application has not been decided on its merits. 3. Heard and considered the submissions made at Bar and perused the material available on record. 4. This fact is not in dispute that an application has been submitted by the petitioner-company on 13.09.2022 with the objection which is narrated by the counsel for the petitioner about the maintainability of the claim petition, submitted by the workman. 5. This fact is also not in dispute that in spite of passing of more than two and half years, till date, the said application has not been decided by the Labour Court for the reasons best known to it. 6. In the considered opinion of this Court, whenever an application is submitted by either side, it is expected from the Labour Court/ Subordinate Court to decide the same expeditiously as early as possible instead of keeping the same pending for considerable time. 7. In view of the above, the instant writ petition stands disposed of by issuing direction to the Labour Court to decide the application dated 13.09.2022, pending if any, expeditiously as early as possible, preferable within a period of three months from the date of receipt of certified copy of this order. 8. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/10