MODI SUGAR MILLS Vs. RAM KUMAR

JUDGEMENT

(1.) Heard Sri S.S.Nigam, learned counsel for the petitioner and Sri Y.K.Sinha, learned counsel for the respondents. Sri Nigam stated at the bar that he does not propose to file any rejoinder affidavit. As requested by learned counsel for the parties and with their consent, the Court proceed to hear and decide the matter.

(2.) The writ petition is directed against the order dated 24.01.2011 passed by Assistant Labour Commissioner U.P. Ghaziabad in purported exercise of power under Section 6-H (1) of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "1947 Act") directing for recovery of Rs.56,281/- from the petitioner on an application made by Sri Ram Kumar respondent No.1.

(3.) Learned counsel for the petitioner submitted that impugned order is wholly without jurisdiction, inasmuch as, the application of workman itself was not entertainable under Section 6-H(1) of the 1947 Act, hence the impugned order is void ab initio and liable to be set aside.