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2025 DAILYLAW 44878 (ALL)

EXECUTIVE ENGINEER, URBAN ELECTRICITY DISTRIBUTION DIVISION v. PRESIDING OFFICER, LABOUR COURT, U.P., VARANASI AND 5 OTHERS

WRIC/11770/2025 · 2025-04-20

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58538 Court No. - 33 Case :- WRIT - C No. - 11770 of 2025 Petitioner :- Executive Engineer, Urban Electricity Distribution Division Respondent :- Presiding Officer, Labour Court, U.P., Varanasi And 5 Others Counsel for Petitioner :- Adarsh Bhushan Hon'ble Prakash Padia,J. 1. Heard Sri Adarsh Bhushan, learned counsel for the petitioner. 2. The only prayer made in the present petition to direct the respondent No.1/Presiding Officer, Labour Court U.P. Varanasi to decide the Restoration Application dated 14.11.2024 filed in Adjudication Case No.121 of 2009 (M/s Vidyut Vitran Nigam Ltd. Bhikharipur Varanasi and others Vs. Sanjay Chaubey) to recall the award dated 12.03.2024 published on 07.05.2024. 3. In view of the order proposed to be passed herein, no useful purpose would be served by putting the respondent No.3 to notice and keeping this petition pending before this Court. However, in case the respondent No.3 feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved. 4. It is argued by learned counsel for the petitioner that in the Adjudication Case No.121 of 2009, the respondent No.1 has passed an ex parte award on 12.03.2024 which was published on 07.05.2024 and in order to recall the aforesaid ex-parte award the petitioner has preferred the aforesaid recall application. It is argued that on the one hand, the respondent No.1 could not decide the aforesaid recall application and on the other hand, respondent No.1 passed order dated 07.03.2025 directing the authorities to recover the awarded amount from the petitioner. It is argued that the petitioner has earlier approached this Court by filing Writ C No.35281 of 2024 (Executive Engineer, Urban Electricity Vs. Sanjay Chaubey and others) which was dismissed as withdrawn vide order dated 20.12.2024 on the ground that the recall application is pending before the respondent No.1. It is argued that considerable time has already been lapsed but till date no final decision has been taken in the matter. 5. On the other hand, it is argued by learned Standing Counsel that the respondent No.1 will take a decision in the matter expeditiously. 6. Heard learned counsel for the parties and perused the record. 7. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.1/Presiding Officer, Labour Court U.P. Varanasi to decide the Restoration Application dated 14.11.2024 filed in Adjudication Case No.121 of 2009 to recall the award dated 12.03.2024 published on 07.05.2024 most expeditiously and preferably within a period of six weeks from the date of production of certified copy of this order before him but after providing opportunity of hearing to all the parties concerned, if there is no legal impediment. 8. For a period of two months or till the order passed in the matter whichever is earlier, no coercive action be taken against the petitioner pursuant to the award dated 12.03.2024 published on 07.05.2024 passed in Adjudication Case No.121 of 2009. Order Date :- 21.4.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad