Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:14750] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4603/2025 Manager, Daikin Air Conditioning India Pvt. Ltd. Industrial Area, Japanese Zone, Majrakath Industrial Area, Neemrana, Dist. Al- war, Rajasthan ----Petitioner Versus Pradeep Kumar S/o Sri Kishori Lal, Aged About 35 Years, R/o Gram Post Peepli Tehsil Neemrana, District- Alwar, Rajasthan ----Respondent For Petitioner(s) : Mr. Harsh Dadhich For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 02/04/2025
1. By way of filing this petition, a prayer has been made for is- suing directions to the Trial Court to decide the application submit- ted 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 submitted, but in spite of pass- ing of considerable time, till date, the said application has not been decided on its merits.
[2025:RJ-JP:14750] (2 of 2) [CW-4603/2025]
3. Heard and considered the submissions made at Bar and pe- rused the material available on record.
4. This fact is not in dispute that an application has been sub- mitted by the petitioner-company with the objection which is nar- rated 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 them.
6. In the considered opinion of this Court, whenever an applica- tion is submitted by either side, it is expected from the Labour Court/ Subordinate Court to decide the same expeditiously as early as possible in spite of keeping the same pending for consid- erable time.
7. In view of the above, the instant writ petition stands dis- posed of by issuing direction to the Labour Court to decide the ap- plication, pending if any, expeditiously as early as possible, prefer- able 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 Ashu/57