STATE OF U P Vs. LABOUR COURT VARANASI

JUDGEMENT

(1.) State of U.P. has filed this writ petition against the orders of the Presiding Officer, Labour Court, Varanasi dated October 30, 2007, dated December 10, 2007 and dated April 28, 2009 as well as for quashing of the citation dated August 12, 2009.

(2.) Facts in short giving rise to the present writ petition are as follows:

(3.) It appears that the office of the Presiding Officer, Labour Court, Varanasi, where the case was pending, was vacant for months together. Therefore, no dates were fixed in the matter to the knowledge of the parties concerned. However, a Presiding Officer was appointed in the Labour Court. On September 13, 2007 the authorized representative of the State, who had earlier proceeded with the matter on their behalf, namely R.K. Srivastava appeared and appended his signature on the order-sheet on behalf of the employers. The case was adjourned to October 17, 2007. On October 17, 2007 the representative did not appear and after considering the evidence and the arguments of the workmen concerned, the case was adjourned to October 25, 2007 for consideration of the case of the employers with liberty to file their written submissions. On October 25, 2007 Sri R.K. Srivastava appeared before the Labour Court and filed his personal affidavit categorically stating that he has no more instruction to represent the employers and that despite best effort he could not contact the Executive Engineer, as his office was vacant. It was further stated that the Labour Court may, therefore, send a fresh notice to the employers in the matter so that the same could be argued on behalf of the employers. It appears that the Labour Court did not pass any order on the application so made by R.K. Srivastava and proceeded to pass an ex parte order dated October 30, 2007 only after recording that the case is of the year 2001. The order of the Labour Court has been enclosed as Annexure-10 to the writ petition.