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2025 DAILYLAW 137090 (ALL)

UTTAR PRADESH STATE WAREHOUSING CORPORATION,LKO. THRU. MANAGING DIRECTOR v. PRESIDING OFFICER INDUSTRIAL (2) U.P. LKO. AND 2 OTHERS

WRIC/4021/2025 · 2025-04-29

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24524 Court No. - 6 Case :- WRIT - C No. - 4021 of 2025 Petitioner :- Uttar Pradesh State Warehousing Corporation,Lko. Thru. Managing Director Respondent :- Presiding Officer Industrial (2) U.P. Lko. And 2 Others Counsel for Petitioner :- Prateek Tewari Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as learned Standing Counsel. 2. The present petition has been filed challenging the order dated 11.02.2025 whereby, in an application filed under Section 6-I of the U.P. Industrial Disputes Act read with Rule 40 of the U.P. Industrial Disputes Rules, an order has been passed restraining the advocate appearing on behalf of the petitioner in the matter. 3. The contention of the Counsel for the petitioner is that in terms of the mandate of Section 6-I (1), there is a provision for restoration. He further argues that in terms of mandate of Section 6-I(1) as well as Rule 40, the lawyer was authorize to appear and has been wrongly restrain from appearing. 4. Considering the mandate of Section 6-I (1) and the Rules 40, the order is wholly arbitrary as the matter relates to Industrial Disputes, the order dated 11.02.2025 is quashed and the matter is remanded for decision afresh with all expedition preferably within a period of six months from the date of presentation of a certified copy of this order. 5. It is made clear that representative of the petitioner shall be permitted to appear in the proceedings. As the order has been passed ex-parte, it is provided that in case, the respondent no.2 seeks modification/ recall of the present order, he would be at liberty to move an appropriate application. 6. The writ petition is allowed in the above terms. Order Date :- 29.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench