Workmen of M/S Yamaha Motors Private Limited and 5 Others Vs State of U.P. and 2 Others

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Court No. - 36

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Case :- WRIT - C No. - 46087 of 2017 Petitioner :- Workmen Of M/S Yamaha Motors Private Limited And 5 Others

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Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bushra Maryam Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sunita Agarwal,J.

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This writ petition is directed against the order of rejection of the application under Section 6H(1) moved by the workmen before the tribunal for computation of benefits admissible to them on the basis of the award dated 31.3.2017 passed by the tribunal on the complaint of the workmen about illegal termination of their services, in contravention of Section 6-E of the Act, 1947 namely Misc. Case Nos. 2 of 2014 to 23 of 2014.

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At the outset, it is contended that,in case, the Assistant Labour Commissioner had reached at the conclusion that the dispute raised by the petitioner regarding their entitlement was pending before this Court, it was incumbent on him to keep the application pending. There was no occasion for the Assistant Labour Commissioner, U.P., Gautam Budh Nagar, to reject the said application.

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Noticing the said submission and the fact that the matter of determination into the nature of employment of the petitioners-workmen and their consequent entitlement, has been relegated to the Industrial Tribunal for fresh decision, in the connected Writ-C No. 18133 of 2016 (Workman Of M/S Yamaha Motor Pvt. Ltd. Pratap Singh And 4 Ors. vs. State Of U.P. And 2 Ors.), while setting aside the order dated 25.8.2017, the Assistant Labour Commissioner, U.P., Gautam Budh Nagar is directed to keep the application under Section 6H(1) moved by the workmen pending, and to decide the same after fresh adjudication by the Industrial Tribunal on the question remitted to it.

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With the said observations, the present writ petition is allowed .

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Order Date :- 6.2.2019 Himanshu/Brijesh

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(Sunita Agarwal, J.)

Workmen of M/S Yamaha Motors Private Limited and 5 Others v. State of U.P. and 2 Others

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Workmen of M/S Yamaha Motors Private Limited and 5 Others v. State of U.P. and 2 Others

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