Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:121288 Court No. - 33 Case :- WRIT - C No. - 23987 of 2025 Petitioner :- Shri Arjun Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jamal Ahmad Khan Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present writ petition inter-alias with the prayer to quash the order dated 30.04.2025 passed by the Respondent No. 2, Assistant Labour Commissioner, Ghaziabad in T.P. Case No. 21 of 2025. 2. Facts in brief as contained in the writ petition are that in the proceedings initiated by the petitioner before the Labour Court, Ghaziabad, an award has been made in his favour on 13.06.2024. Aggrieved against the aforesaid, the Respondent No. 3, M/s TPS Infrastructure Limited through its Manager preferred the writ petition before this Court being Writ C No. 35181 of 2024 in which the following order was passed by this Court on 10.03.2025:-
"1. Learned counsel for respondents prays for and is granted three weeks time to file counter affidavit. 2. List this case on 11.4.2025. 3. Any compliance of impugned order will abide by decision in the writ petition."
3. Since no interim order was granted by this Court against the order passed by the Labour Court, the petitioner moved an application as provided under Section 6H (1) of the U.P. Industrial Dispute Act, 1947 before the State Government on
20.01.2025. 4. On the said application, order impugned has been passed by which proceedings of the aforesaid case has been stayed. 5. Aggrieved against the aforesaid, the petitioner has preferred the present writ petition. 6. Heard counsel for the petitioner and perused the record. 7. From perusal of record, it transpires that present writ petition has been filed by the petitioner against the order dated 30.04.2025 passed by the Assistant Labour Commissioner, Ghaziabad Region, Ghaziabad. By the aforesaid order proceedings
in the case was stayed. 8. In this view of the matter, the Court is of the prima facie opinion that in place of approaching this Court the petitioner should file the stay vacation application in the court below itself. 9. At this point of time, a prayer has been made by the counsel for the petitioner to dismiss the present writ petition as not pressed with liberty to the petitioner to file a stay vacation application before the said authority. 10.
In view of above, the writ petition is dismissed as not pressed with liberty to the petitioner to file stay vacation application before the said authority. If such application is filed by the petitioner before the Respondent No.2, the Respondent No.2 will decide the aforesaid application strictly in accordance with law, expeditiously. Order Date :- 24.7.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad