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2025 DAILYLAW 81297 (ALL)

M/S ELECTROPLAST MAC TOOLS v. PRESIDING OFFICER, LABOUR COURT- II AND ANOTHER

WRIC/25936/2025 · 2025-08-04

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133568 Court No. - 33 Case :- WRIT - C No. - 25936 of 2025 Petitioner :- M/S Electroplast Mac Tools Respondent :- Presiding Officer, Labour Court- Ii And Another Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- Alok Kumar Srivastava,C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Chandra Bhan Gupta, learned counsel for the petitioner, Sri Alok Kumar Srivastava, learned counsel for the respondent no. 2/workmen and learned Standing Counsel appearing on behalf of State-respondent. 2. In the proceedings initiated by the respondent no. 2/workmen before the Presiding Officer, Labour Court-II, U.P., Ghaziabad an award was made in his favour on 05.09.2024 in Adjudication Case No. 83 of 2022, since the said award was passed in an ex-parte manner, the application to recall the aforesaid order was filed being Application No. 12D, the same was also rejected vide order dated 11.07.2025, hence the present petition. 3. Apart from various other arguments one of the argument has been raised by Sri Chandra Bhan Gupta, learned counsel appearing on behalf of petitioner that the award passed by the respondent no. 1 dated 05.09.2024 published in the official gazette on 18.11.2024, is perse illegal since the same has been passed in violation of the principles of natural justice. 4. It is further argued that the award has been passed in favour of the workmen without discussing his case and without any corroborating evidence in support of his claim, this fact is also very fairly admitted by the counsel for the respondent no. 2/workmen. 5. In view of the facts and given circumstances in the present petition, the order dated 11.07.2025 and award dated 05.09.2024 passed by respondent no. 1, are liable to be set aside and hereby set aside. Respondent no. 1/Presiding Officer, Labour Court-I, U.P. Ghaziabad is directed to pass fresh order in accordance with law after hearing all the parties concerned within a period of six months from the date of production of certified copy of this order. 6. With the aforesaid observations, the writ petition stands allowed. Order Date :- 5.8.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad