Petitioner sought direction to expedite proceedings in a referred labour dispute due to her age and medical condition. The court directed the tribunal to decide the matter within four months.
Direction to decide the dispute within four months without unnecessary adjournments.
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Court No. - 36 Case :- WRIT - C No. - 22754 of 2018 Petitioner :- Sh. Aruna Pathak Respondent :- The Presiding Officer, Cent. Govt. Industrial Tribunal Cum Labour Court Kanpur And Another Counsel for Petitioner :- Surangama Sharma Counsel for Respondent :- C.S.C.,Manish Trivedi
Hon'ble Mrs. Sunita Agarwal,J.
Prayer made in the present petition is to issue a direction to the Central Government Industrial Tribunal Cum Labour Court, Kanpur to decide the dispute raised by the petitioner which has been referred by the Central Government vide letter dated 25.10.2013 to the Presiding Officer Central Government Industrial Tribunal-CumLabour Court Kanpur. Submission of learned counsel for the petitioner is that the matter has already been delayed for long and the petitioner is a man of approximately 70 years of age. It is difficult for him to travel to Kanpur regularly on account of his medical condition.
Learned counsel for the respondent on the other hand submits that the delay has occurred on account of the act of the petitioner in filing replication after long time. He further submits that the matter is at the stage of evidence and cross examination of the petitioner is going on.
Perused the record.
Be that as it may, without expressing any opinion on the merits of the claim of the parties, the present petition is being disposed of with the direction to the Central Government Industrial Tribunal Cum Labour Court, Kanpur to decide the dispute raised by the petitioner which has been referred by the Central Government vide letter dated 25.10.2013 to the Presiding Officer Central Government Industrial Tribunal-Cum-Labour Court Kanpur, expeditiously, preferably within a period of four months from the date of submission of certified copy of this order without granting any unnecessary adjournment to either of the parties.
It goes without saying that the direction issued by this Court would not be taken as tool to proceed exparte against the respondents or to close their evidence.
Order Date :- 6.7.2018 Himanshu
2 issues framed by the court
Whether the High Court can direct the industrial tribunal to decide the referred dispute expeditiously.
Whether a time limit can be fixed for the disposal of the referred matter.
Aruna Pathak
The Presiding Officer, Cent. Govt. Industrial Tribunal Cum Labour Court Kanpur And Another
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
