Court No. - 6 Case :- WRIT - C No. - 2626 of 2010 Petitioner :- M/S Sudarshan Carriers Respondent :- State Of U.P. And Others Petitioner Counsel :- R.M. Saggi Respondent Counsel :- C.S.C. Hon'ble Arun Tandon, J.
Standing Counsel has accepted notice on behalf of
respondents no. 1 and 2. Issue notice to respondent no. 3
fixing 10.03.2010 as the date. Steps may be taken within ten
days. All the respondents may file counter affidavit by the
next date fixed.
List on 10.03.2010.
From the record of the present writ petition it is clear that
notice of the proceedings in Adjudication Case No. 15 of
2008 was duly served upon the petitioner. He appointed an
authorized representative to represent her interest but in fact
the case proceeded ex parte. Thereafter when the Award
was published she has woken up to file a recall application.
The application was rejected by the Labour Court.
Prima facie it appears that the restoration application has
been filed beyond prescribed period of limitation, therefore,
such application being not maintainable was rightly not
accepted by the Labour Court inasmuch as the Hon’ble
Supreme Court of India in the case of M/s. Sangham Tape
Company vs. Hansraj reported in 2004 (103) FLR, 699 has
held that once the period for making a recall application has
expired, the Labour Court becomes functus officio. Therefore,
in the opinion of the Court no further application can be
entertained by an authority which has become functus officio.
At this stage counsel for the petitioner made an attempt to
challenge the Award on the ground that the findings recorded
are unsustainable in the eyes of law.
In the opinion of the Court it would be in the interest of justice
that the petitioner may reinstate the workman concerned and
may further deposit the entire amount awarded by the Labour
Court along with interest within six weeks from today. It is
ordered accordingly
Half of the amount shall be released in favour of the workman
without insisting upon any security.
On compliance of the aforesaid conditions, no coercive action
shall be taken against the petitioner in terms of the impugned
Award. In case of non compliance of any condition referred to
above, the petitioner shall not be entitled to the benefits of
this order.
Dated : 21.01.2010
VR/WP-2626/2010