LYKA LABS LIMITED Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) THE present writ petition arises out of an award made by the Labour Court under the U.P. Industrial Disputes Act, 1947, in favour of the respondent No. 3 - -workman. The employer has challenged the award as being ex parte and has also raised a basic ground of jurisdiction in view of the provisions of Section 6(2) of the Sales Promotion Employees (Condition of Service) Act, 1976 read with Section 10(1)(c) of the Industrial Disputes Act, 1947 (Central Act).

(2.) IT appears that the matter was heard finally by a learned single Judge of this Court and the writ petition was allowed remanding the matter back to the Labour Court, Saharanpur, for decision afresh as the learned counsel agreed that the award was ex parte. The judgment dated 28.2.2008 is quoted herein below:

(3.) AFTER remand, the Labour Court came to be presided over by a retired I.A.S. Officer and, as such, the respondent -workman moved a Modification Application in this petition dated 5.5.2008 with a prayer to stay further proceedings before the Labour Court on the ground that the Presiding Officer was incompetent to adjudicate the controversy. A further prayer has been made that the Principal Secretary (Labour) be directed to appoint an Officer as defined under the U.P. Industrial Disputes Act, 1947 to preside over the Court so that the proceeding may not be challenged on the ground of want of competence of the Officer.