LAWS(ALL)-2004-11-21

GARG PLASTICS Vs. PRESIDING OFFICER LABOUR COURT

Decided On November 30, 2004
GARG PLASTICS Appellant
V/S
PRESIDING OFFICER, LABOUR COURT Respondents

JUDGEMENT

(1.) By means of present writ petition under Article 226 of the Constitution of India, the employer-petitioners have challenged the Order passed. by the Labour Court dated 28th April, 1983, in adjudication case No. 64 of 1978, whereby the Labour Court has recalled the Order dated 10th July, 1981, copy whereof is annexed as Annexure-'VIII' to the writ petition.

(2.) The following dispute was referred to the Labour Court for adjudication by the Order dated 31st June, 1973 in exercise of power under Section 4-K of the U.P. Industrial Disputes Act, 1947, here-in-after referred to as the 'Act': "KYA SEVA YOJKON DWARA PARISMISHT MEN ULLIKHIT SHRAMIKON KO DINANK 25.11.72 SE 8.12.72 TAK KARYA SE VANCHIT RAKHNA TATHA DINANK 11.1.73 SE PUNAH KARYA SE VANCHIT RAKHNA UCHIT TATHA/ATHWA VAIDHANIK HAI? YADI NAH1N, TO SAMBANDHIT SHRAMIK KYA LABH/KSHATIPURTI PANE KA ADHIKARI HAI TATHA ANYA KIS VIVRAN SAHIT?"

(3.) The Labour Court vide his ex-parte award dated 16th December, 1980 answered the aforesaid reference in favour of the workman concerned. Thereafter, aggrieved by the aforesaid award of the Labour Court, the employer-petitioner filed Misc. Writ Petition No. 6865 of 1981, which was admitted by this Court and interim Order was granted. It appears that simultaneously the employer have also filed an application before the Labour Court that the ex-parte award may be recalled and the matter may be heard on merits. After the Writ Petition No. 6865 of 1981 was admitted by this Court and this Court pleased to grant an interim Order, the Labour Court vide its Order dated 10th July, 1981 recalled the ex-parte award. As a consequence of the recall of the ex-parte award by the Labour Court vide its Order dated 10th July, 1981, the employer-petitioner withdrew the aforesaid writ petition on 29th July, 1981. The relevant portion of the Order dated 29th July, 1981, passed by this Court is reproduced below: "Shri V.B. Singh, learned Counsel for the petitioner has filed an application as well as has stated before me that the petition has become infructuous and as such he does, not press the same. The petition is accordingly dismissed. Parties are directed to bear their own costs. A copy of this Order be given to the learned Counsel on payment of usual charges today. Sd/- Dated 29.7.1981. S.D.A."