VINOD KUMAR Vs. ASSISTANT LABOUR COMMISSIONER,DEVPURA,HARIDWAR

JUDGEMENT

(1.) THIS writ petition has been filed for issue of a writ or direction in the nature of mandamus commanding the respondent to initiate the prosecution against the officers of the B.H.E.L., Ranipur, Haridwar in pursuance of Section 14-A of U.P. Industrial Dispute Act, 1947, on the basis of application dated 5-9-2003.

(2.) BRIEFLY stated the facts giving rise to the present writ petition are that the petitioner and other employees are working in the B.H.E.L., Ranipur, Haridwar. They have raised labour dispute before the Assistant Labour Commissioner which was referred to the Presiding Officer, Labour Court, Dehradun being Industrial Case Nos. 31 of 1990 to 44 of 1990. The Labour Court has passed an award on 5-7-1996 in favour of the employees against the employer M/s. B.H.E.L. and was notified on 19-12-1996. The employer filed a writ petition No. 41787 of 1998, Bharat Heavy Electrical Ltd., Ranipur v. Deputy Labour Commissioner and others, before the Allahabad High Court which was dismissed by the Court vide order dated 17-2-1999. The observations of Allahabad High Court in the said order are quoted below:

(3.) WITHOUT entering into the merits of the controversy, the respondent is directed to dispose of the application of the petitioner in accordance with law within a period of four weeks after receiving certified copy of this order. The observations made above, shall not come in the way of the Labour Commissioner to dispose the application of the petitioner on merits.