AUTOMOBILES ASSOCIATION OF UPPER INDIA Vs. BANSRAJ SHUKLA

JUDGEMENT

(1.) This is an application filed by the petitioner seeking recall of the order dtd. 27/2/2023, vide which the applications preferred under Sec. 17-B of the Industrial Disputes Act, 1947 (the Act) by the respondent nos.1, 2, 4, 5 and 6 were allowed by this Court.

(2.) Learned counsel for the petitioner vehemently submits that the applications, having been filed in October 2015, were never pressed by the respondents and were therefore, directed to be heard alongwith the main petition. He, therefore, contends that there was no reason as to why the applications should have been taken up for disposal on 27/2/2023, when the writ petition was being adjourned.

(3.) He further submits that the petitioner is an Non Governmental Organization (NGO) and the directions issued vide order dtd. 27/2/2023 to pay arrears under Sec. 17-B of the Act will impose a huge financial burden on the petitioner especially when the contract for which the respondents were engaged already stands terminated. He, further, submits that once this Court, after finding prima facie merit in the writ petition, has already stayed the impugned award vide its order dtd. 10/3/2015, the applications under Sec. 17-B of the Act, were even otherwise not maintainable.