TELCO KARAMCHARI SANGH THRU. SECY. SATYA NARAYAN GAUTAM AND ANOTHER v. THE INDUSTRIAL TRIBUNAL II LKO. THRU. PRESIDING OFFICER AND ANOTHER
WRIC/4548/2025 · 2025-05-15
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140012 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140012 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28500 Court No. - 6 Case :- WRIT - C No. - 4548 of 2025 Petitioner :- Telco Karamchari Sangh Thru. Secy. Satya Narayan Gautam And Another Respondent :- The Industrial Tribunal Ii Lko. Thru. Presiding Officer And Another Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Present petition has been filed challenging the order dated 30.11.2024 (Annexure - 1) whereby the recall application filed seeking recall of the order dated 30.03.2019 has been rejected. 2. Earlier the same petitioner had approached through the President namely Shri Pawan Kumar Tripathi by filing Writ - C No.11410 of 2024 and this Court had passed an order on 17.01.2025 to the following effect:
"1. Learned counsel for the petitioners argues that the order dated 30.03.2019 was passed without considering the material facts. 2. It is noticed from the record that against the said order, the petitioner had approached this Court by filing Writ Petition No.18952 (M/S) of 2019, wherein directions were issued on 11.07.2019 that the main Adjudication Case No.86 of 2000 shall be considered after giving opportunity of hearing to the parties. In terms of the said directions contained in judgement dated 11.07.2019, an order recall application was filed, which has been rejected by means of the order dated 30.11.2024, which is impugned in the present writ petition. 3. Considering the fact that in the earlier round of litigation, this Court had not entertained the petition against a challenge to the order 30.03.2019 and now the recall application has been rejected, I do not see any reason to interfere in the matter. 4. Accordingly, the writ petition is disposed of permitting the petitioners to raise all the grievances before the adjudicating authority, after the final determination is done, the petitioner would be at liberty to challenge the main award including challenge to the order dated 30.03.2019."
3. Today when the matter is taken up, learned counsel for the petitioner states that earlier President Shri Pawan Kumar Tripathi had no locus to file the writ petition and to approach this Court and the present petitioner being the Secretary of the Association is entitled to file the petition. 4.
Be that as it may, without going into the authority of either the petitioner or Shri Pawan Kumar Tripathi to file the petition
at this stage, I do not see any reason to interfere with the matter. 5. Present petition is disposed off in terms of the observations made in Para 4 of the order dated 17.01.2025 passed in Writ - C No.11410 of 2024. Order Date :- 15.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench