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2004 DIGILAW 1235 (ALL)

GARG PLASTICS, KANPUR v. P. O. , LABOUR COURT-V, KANPUR

2004-07-09

ANJANI KUMAR

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ANJANI KUMAR, J. ( 1 ) THIS is a petition by the employer against the order passed by the Presiding Officer, labour Court, dated April 28, 1993 whereby in pursuance to the direction issued by the State government the Labour Court has recalled the order dated July 10, 1981 and maintained the award dated March 2, 1981. The employer approached this Court by means of this writ petition under Article 226 of the Constitution of India. ( 2 ) THE facts leading to filing of this writ petition are that the State Government referred the following dispute for adjudication to the labour Court-V, U. P. Kanpur which was 5 registered as Adjudication Case No. 293 of 1973: " Vernacular matter omitted. " ( 3 ) THE employers have put in appearance 10 and filed their written statement with preliminary objections. The parties have exchanged their pleadings. Ultimately the labour Court had answered the reference ex pane on December 16, 1980. Against the aforesaid ex pane award the employers filed an application and the Labour Court by its order dated July 10, 1981 set aside the aforesaid award on the cost of Rs. 100/- payable to the workman concerned. On the same date on the basis of affidavit filed on behalf of the employers, the Labour Court answered the. reference in terms of the statement made by the employers. This order is annexed as annexure-7 to the writ petition. By the aforesaid order dated October 13, 1981 the employers have agreed to pay an amount of Rs. . 3174/- as ex-gratia and also the retrenchment" compensation provided that the workman shall not claim reinstatement. The reference, therefore, is answered as stated above in the aforesaid terms. ( 4 ) BY the order dated October 13, 1981 the aforesaid award was sent for approval of the State Government. The State Government thereafter, as stated above, passed order dated april 28, 1983 whereby the State Government after considering the facts of the case found that the order dated October 13, 1981 does not require any direction for publication. The labour Court, therefore, directed that in view of the order passed by the State Government dated April 28, 1983, the order dated July 10, 1981 is recalled. As a result of recall of the order dated July 10, 1981 the earlier order which was published on March 2, 1981 will, remain effective. The labour Court, therefore, directed that in view of the order passed by the State Government dated April 28, 1983, the order dated July 10, 1981 is recalled. As a result of recall of the order dated July 10, 1981 the earlier order which was published on March 2, 1981 will, remain effective. It is this order which is under challenge by means of the writ petition by the employers. ( 5 ) THE employers have contended that the aforesaid order has been passed in the writ petition whereby the employers have challenged the order dated July 10, 1981 which was ultimately allowed to be withdrawn by this court and this Court was pleased to pass the following order on July 29, 1981: "sri V. B. Singh, learned counsel for the petitioner, has filed application as well as stated before me that the writ petition has become infructuous and as such he does not want to press the same. The petition is accordingly dismissed. The parties are directed to bear their own costs. " ( 6 ) AS a consequence of withdrawal of the aforesaid writ petition the State government has passed the aforesaid order. The petitioner, therefore, filed this writ petition challenging the order dated April 25, 1983. To me it appears that learned counsel for the petitioner has not been able to make out any case for interference with the order impugned in the present writ petition which has been passed by the Labour Court on the direction of the State Government which appears to have been passed on the petition filed by the employers. In this view of the matter the employers cannot be allowed to take benefit of their own wrong. ( 7 ) NO other point was argued. ( 8 ) THIS writ petition is, therefore, devoid of any merit. It is accordingly dismissed. Interim order, if any, stands vacated. .