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2015 DIGILAW 3350 (ALL)

Labour Law Adviser'S Association v. State of U. P.

2015-10-27

D.Y.CHANDRACHUD, YASHWANT VARMA

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JUDGMENT This public interest litigation has raised a demand for the establishment of a Labour Court at Aligarh. While entertaining the petition on 15 September 2015, this Court had adverted to some of the correspondence annexed to the writ petition which indicated that according to the Additional Labour Commissioner, in a communication dated 26 November 2008, a proposal had been forwarded to the State Government on 7 November 2008, yet the matter was pending with the State Government. 2. In the counter affidavit which has been filed in these proceedings by the Principal Secretary in the Labour Department, it has been submitted that "no doubt there was correspondence in this regard but that does not mean that government has taken any decision pertaining to establishment of a Labour Court at Aligarh." Besides this, it has been stated that data has been made available by the Registrar of the Labour Courts/Industrial Tribunal, Allahabad which indicates that at present 179 labour cases are pending pertaining to Aligarh district/region whereas in 2009, 323 labour cases pertaining to the same region were pending. The contents of the affidavit which has been filed by the Principal Secretary in the Labour Department would indicate that there was a proposal in regard to the establishment of a Labour Court at Aligarh and correspondence was exchanged in this regard. 3. In our view, the State Government ought to take a final decision on whether or not a Labour Court should be established at Aligarh. These matters cannot be allowed to linger in a state of uncertainty and indecision. Ultimately, the object of setting up of a Labour Court is to provide easy access to remedies to both workmen and employer for maintaining the industrial peace. For instance, as in the present case, it has been urged on behalf of the petitioners that as a result of the growth of industry in Aligarh region following a restraint on setting up of new industries near the Taj Trapezium zone, there has been an increase in the establishment of industries in and around Aligarh. These are matters which have to be objectively considered by the State Government. These are matters which have to be objectively considered by the State Government. Since it appears from the counter affidavit that no decision has been taken, we direct that the State Government shall take a concrete decision on the issues which have been raised, no later than within a period of three months from the receipt of a certified copy of this order. 4. The petition is accordingly disposed of. There shall be no order as to costs.