Neutral Citation No. - 2025:AHC:134675 Court No. - 33 Case :- WRIT - C No. - 26587 of 2025 Petitioner :- M/S Rama Medical College Hospital And Research Centre Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devika Kapoor,Pranjal Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Pranjal Singh, learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 to 4. 2. The petitioner has preferred the present petition with the prayer to quash the Ex-parte Award dated 06.08.2024 passed by the Labour Court (4) U.P. Kanpur/respondent No.2. A further prayer has been made to direct the Government Authorities to restrain not to give effect to the aforesaid award. 3. Facts in brief as contained in the writ petition are that an award dated 21.09.2017 was passed by the Presiding Officer, Labour Court (Third), U.P. Kanpur in Adjudication Case No.06 of 2011 in favour of respondent No.5/Ravi Shankar Tiwari by which a direction was given to the employer/petitioner to reinstate the respondent No.5/Ravi Shankar Tiwari and pay Rs.20,000/- damages to him. 4. It is argued by learned counsel for the petitioner that in spite of best efforts made by the petitioner, workman/respondent No.5 did not turned up for his joining. It is argued that Rs.20,000/- had already been deposited with the Labour Court and the aforesaid amount had already been released in favour of the respondent No.5. It is argued that on the one hand, the respondent no.5 did not join the petitioner's Institute and on the other hand, he had filed an application under Section 33C(2) of Industrial Disputes Act, 1947 which was registered as Case No.47 of 2021. It is argued that in the aforesaid case, respondent No.2 passed an ex-parte award on 06.08.2024 directing the petitioner to make payment of Rs.3,57,934/- to the respondent No.5 It is argued that since the aforesaid award was passed in an ex-parte manner, the petitioner came to know regarding the aforesaid award first time when show cause notice was issued by the Assistant Labour Commissioner, Kanpur Region Kanpur to the petitioner on 28.05.2025. It is argued that taking coercive action by attaching the bank account of the petitioner, a sum of Rs.3,57,934- had been deposited by the petitioner with the respondent No.2 and the respondent No.2 has already released the aforesaid amount in favour of the petitioner. It is argued that though the respondent No.5 does not join the Institute wilfully, he is not entitled to get further wages in future. It is argued that since the award dated 06.08.2024 has been passed in an ex-parte manner, the petitioner be given to file recall application before the respondent No.2. 5. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 6. In view of the order proposed to be passed herein, no useful purpose would be served by putting the respondent No.5 to notice and keeping this petition pending before this Court. However, in case the respondent No.5 feels aggrieved by the order his right to seek modification/variation of the order is being kept reserved. 7. In the facts and circumstances of the case, the present petition is disposed of permitting the petitioner to move a recall application against ex-parte award dated 06.08.2024 passed by the respondent No2/Presiding Officer, Labour Court (Fourth), U.P. Kanpur ventilating all his grievances as has been raised in the present petition before respondent No.2 within a period of four weeks from today along with certified copy of this order. In case, the petitioner does so, the respondent No.2 will decide the same strictly in accordance with law most expeditiously and preferably within a period of six weeks thereafter but after providing opportunity of hearing to all the parties concerned. Order Date :- 8.8.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad