Neutral Citation No. - 2025:AHC:53412 Court No. - 33 Case :- WRIT - C No. - 9755 of 2025 Petitioner :- Sri Munni Lal Respondent :- Nagar Nigam, Motighil And Another Counsel for Petitioner :- Alok Kumar Srivastava Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C. Hon'ble Prakash Padia,J. 1. The following order was passed on 05.04.2025:- "1. Heard Ms. Jagrati Nigam, learned counsel for the petitioners and Sri Abhinava Krishna Srivastava, learned counsel for the respondent No.1/Nagar Nigam. 2. The petitioner has preferred the present petition with the following prayer :- a. to issue order, direction or writ in the nature of mandamus commanding the respondent No.1 to reinstatement petitioner forthwith in pursuance of Award dated 23.05.2024 passed in Adjudication Case No. 259/2010 published on 26.06.2024. b. to issue order, direction or writ in the nature of mandamus commanding the respondent No.2 to initiate proceeding under Section 14A of U.P. Industrial Disputes Act, 1947 expeditiously within the period as directed by this Hon'ble Court. 3. It is argued by learned counsel for the petitioner that the award has been passed by the Labour Court in favour of the petitioner on 23.05.2024 and aforesaid award has already become final between the parties & considerable time has already been lapsed but for the reason best known, the respondent No.1 has not been complied with the same till date. It is argued that after the publication of the award, time & again notices were issued by the Assistant Labour Commissioner, Kanpur to the respondent No.1 to comply with aforesaid award but till date, the award has not been complied with by the respondent No.1. 4. Sri Abhinava Krishna Srivastava, learned counsel for the respondent No.1 placed Instructions dated 04.04.2025 received under the signatures of Z.S.O. 04 placed before the Court, the same is taken on record. It is stated in the writ petition that the notice of the aforesaid writ petition has been placed before the Legal Adviser for contesting the matter. 5. Heard learned counsel for the parties and perused the record. 6. From perusal of the record, it is clear that the award dated 23.05.2024 passed by the respondent No.2 has become final between the parties and the aforesaid award has not yet been challenged before any competent Court of law. In this view of the matter, the Court is of the opinion that the respondent No.1 is duty bound to comply with the aforesaid award. 7. At this stage, a prayer has been made by Sri Abhinava Krishna Srivastava, learned counsel for the respondent No.1 to grant some time to seek fresh Instructions in the matter. 8. Put up as fresh on 11.04.2025. 9. The matter will be taken up at 10:00 am sharp." 2. Pursuant to the same, Shri Abhinava Krishna Srivastava, learned counsel appearing on behalf of Respondents placed before this Court instructions dated 10.04.2025, the same is taken on record. 3. It is stated in the aforesaid instructions that the petitioner has already been appointed by the service provider on 09.04.2025. It is further stated that as per the award, a draft dated 09.04.2025 being Draft No. 708300 for sum of Rs. 5,91,000/- has already been prepared and respondent will deposit the same before the Labour Court today itself. 4. Heard counsel for the parties and perused the record. 5. In the facts and circumstances of the case and also in the interest of justice, the Presiding Officer, Labour Court (II), U.P. Kanpur Nagar is directed to make the payment of aforesaid amount in favour of workman namely Shri Munni Lal son of Sri Kallu Prasad forthwith without asking for any security. The service provider is directed to permit the workman to work on the post of which he was working at the time when he was removed from his services and make the payment of all wages month by month as and when it falls due. 6. In this view of the matter, the proceedings initiated by the Assistant Labour Commissioner under Section 14-A of the Industrial Dispute Act, 1947 will not be given effect. 7. With the aforesaid observations, the writ petition is allowed. Order Date :- 11.4.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad