Court No. - 33 Case :- WRIT - C No. - 28456 of 2025 Petitioner :- M/S Prabhu Narayan Union Club, Bangalow And Another Respondent :- Presiding Officer, Labour Court, U.P. Nati Imli And 2 Others Counsel for Petitioner :- Karshit Nigam,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondent-State. 2. The petitioners have preferred present writ petition inter-alia with the following prayers :- "I. Issue a writ, order/direction in the nature of Certiorari quashing the impugned ex-parte Award dated 27.03.2024, published on 07.05.2024 гeceived on 16.05.2024, passed by the respondent no.1 in Adjudication Case No.82 of 2019 and the order dated 11.04.2025, passed by Deputy Labour Commissioner, Varanasi/respondent no.2 (as contained Annexure No.1 & 1A to this writ petition). II. To issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to decide restoration Application filed by the petitioners dated 29.05.2024 under Rule 16(2) of the U.P. Industrial Dispute Rules 1957 within stipulated period. III. To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to not take coercive action against the petitioners in pursuance of the impugned recovery order darted 11.04.2025 till the disposal of the Restoration Application pending before the respondent no.1." 3. In view of the order proposed to be passed notices need not to be issued to the respondent no.3. 4. The facts in brief as contained in the writ petition are that proceedings were initiated by the respondent no.3 before the Prescribed Authority, Labour Court, Varanasi by filing an Adjudication Case No.82 of 2019. In the said case an award was passed in favour of the respondent no.3 on 27.03.2024 by which the respondent no.3 was reinstated in service along-with 75% back wages. The aforesaid award was published in the official gazette on 07.05.2024. As soon as petitioners came to know regarding the aforesaid award a recall application as provided under Rule 16 (2) of the U.P. Industrial Dispute Rules, 1957 was filed on 29.05.2024, which is still pending consideration. In the meanwhile, for the enforcement of award dated 27.03.2024, an order was passed by the Deputy Labour Court Commissioner, U.P. Varanasi Region, Varanasi on 11.04.2025 directing the petitioners to deposit the amount as per the award. 5. It is argued by counsel for the petitioners that pendency of the restoration application is also mentioned by him in the aforesaid order. 6. In this view of the matter, the only prayer made by the counsel for the petitioners is to direct the respondent no.1-Presiding Officer, Labour Court, U.P., Varanasi to decide the recall application filed by the petitioners expeditiously and till the disposal of the same no recovery proceedings could be initiated against the petitioners. 7. In the facts and circumstances of the case and also in the interest of justice, present writ petition is disposed of finally directing the petitioners to provide copy of the order passed today to the respondent no.1 within a period of two weeks from today. If it is so the respondent no.1 is directed to decide the recall application submitted by the petitioners strictly in accordance with law after providing opportunity of hearing to the parties concerned within next six weeks. 8. Till the time decision is taken on the recall application by the respondent no.1 or for a period of eight weeks from today, whichever is earlier, no coercive action shall be taken against the petitioners. Order Date :- 22.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad