HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 753 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 28.01.2023 passed in Writ - C No. 13176 of 2020 passed by learned Single Judge, whereby the writ petition filed by the respondents against award dated 17.12.2019 passed by the Labour Court, Gautam Buddh Nagar was allowed and the award passed by the Labour Court was set aside. 2. The appeal is barred by 869 days. 3. Submissions have been made that earlier view was that the appeal against the judgment passed in writ jurisdiction against award passed by the Industrial Tribunal was not maintainable and as the appellant could not afford the expenses of Hon'ble Supreme Court, he did not file appeal, however, as this Court in Jagran Prakasan Ltd. Vs. Shri Krishna Mohan Trivedi : Special Appeal Defective No. 358 of 2024, decided on 09.05.2024 has held the appeal maintainable, the appeal has now been filed. 4. Counsel for the respondent contested the plea raised in this regard seeking condonation of delay. Submissions have been made that the appeal continues to be not maintainable in view of Division Bench judgment of this Court in Vajara Yojana Seed Farm, Kalyanpur and others Vs. Presiding Officer, Labour Court II, U.P., Kanpur : 2003 (1) UPLBEC 496, wherein it was laid down that under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, the appeal is not maintainable. It was submitted that judgment in the case of Jagaran Prakasan (supra) pertains to an order of reference Versus Counsel for Appellant(s) : Sarwar Ali Siddique Counsel for Respondent(s) : C.S.C., Jagdish Pathak (S.C.), S. Shekhar Shri Devender Singh .....Appellant(s) M/s Denso India Pvt. Ltd. and 3 others .....Respondent(s) and not award by the Labour Court and therefore, the plea raised has no substance. 5. We have considered the submissions made and have perused the material available on record. 6. The plea raised in the application seeking condonation of delay regarding the appeal now becoming maintainable in view of judgment of this Court in the case of Jagran Prakasan (supra) apparently is baseless. 7. In the case of Jagran Prakasan (supra), the writ petition was filed by the appellant therein aggrieved of the reference made by State Government to the Labour Court, Gautam Buddha Nagar under Section 4K of the U.P. Industrial Disputes Act, 1947 and the same was not against the award passed by the Industrial Tribunal. As such, the plea sought to be raised by the petitioner for seeking condonation of delay being factually incorrect, the prayer for condonation on the said ground cannot be countenanced. 8. Besides the above, the appeal against order passed by learned Single Judge under Article 226 of the Constitution of India against the award passed by the Industrial Tribunal in view of judgment in the case of Vajara Yojana Seed Farm (supra) is not maintainable. 9. Consequently, the appeal, being barred by limitation and not maintainable, is dismissed. September 23, 2025 P.Sri./Pkb SPLAD No. 753 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad