COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajesh Yadav, learned Counsel for the appellants, Sri Shekhar Srivastava, learned Counsel for respondent No. 4 and the learned Standing Counsel for the State-respondents.

(2.) The appellant-Committee of Management of Azad Memorial Inter College has come in appeal against the summary dismissal of Civil Misc. Writ Petition No. 11143 of 2010 arising out of recovery proceedings in the execution of an award made by the Labour Court. The award was passed on 10.1.2008. The same was assailed in Civil Misc. Writ Petition No. 55068 of 2009 in which an interim order was passed to the effect that "the operation of the award shall remain stayed to the extent of 25% of back wages of the awarded amount." It appears that the appellants failed to make the payment as directed under the said interim order, as a result whereof, the recovery proceedings were commenced. The said action was challenged by the appellants in the writ petition, which has given rise to the present appeal.

(3.) Learned Counsel for the respondents has raised a preliminary objection to the maintainability of this appeal by relying upon a Division Bench judgment of this Court in Vajara Yojna Seed Farm, Kalyanpur and Ors. v. Presiding Officer, Labour Court II, U.P. Kanpur and Anr., 2003 1 UPLBEC 496 , to contend that against an order pursuant to an award of the Industrial Tribunal/Labour Court, a special appeal would not be maintainable under Chapter VIII Rule 5 of the Allahabad High Court Rules. He further submits that the appellants having not complied with the interim order granted by the High Court, could not have even otherwise assailed the recovery proceedings on merit.