Disposed

U.P.S.R.T.C. Thru Regional Manager Kanpur Region Kanpur v. Anurag Pandey and Another

Allahabad HC26 Feb 2020WRIC/57879/2010

Case brief

AI extract

What is this about?

The High Court disposed of a PIL filed by U.P.S.R.T.C. challenging a Labour Court award reinstating a deceased conductor with back wages. While acknowledging the Labour Court erred in not affording a further chance to lead evidence, the writ court noted the respondent's death precluded a fresh inquiry. It ordered Rs. 2,50,000 to be deposited for the wife of the deceased to serve interest of justic

What did the court decide?

Rs. 2,50,000 to be deposited in a nationalized bank in the name of the deceased respondent's wife.

U.P.S.R.T.C. Thru Regional Manager Kanpur… — Labour and Industrial Disputes | Allahabad HC (2020)

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Court No. - 41

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Case :- WRIT - C No. - 57879 of 2010

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Petitioner :- U.P.S.R.T.C. Thru Regional Manager Kanpur Region Kanpur Respondent :- Anurag Pandey And Another Counsel for Petitioner :- Anubhav Chandra,Amit Manohar,Anuj Srivastav,Anuj Srivastava Counsel for Respondent :- C.S.C.,Amit Singh

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Hon'ble Siddhartha Varma,J.

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When the respondent no. 2, who was a conductor with the petitioner, was removed from the services of the petitioner on 6.2.2001, he raised an industrial dispute which was referred by the State Government and thereafter an award was passed on 30.9.2009. Since the award had provided for the reinstatement of the respondent no.2 with back wages, the petitioner filed the instant writ petition.

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Learned counsel for the petitioner submitted that when the petitioner had asked for a further opportunity to lead evidence, in the event the domestic enquiry was found to be erroneous and when the same was not provided, the award be set aside.

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Learned counsel for the respondents, however, submitted that now at this stage the relief of leading further evidence could not be granted to the petitioner as the private respondent had died on 13.8.2012.

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Having heard the learned counsel for the petitioner and the learned counsel for the legal heirs and representatives of the deceased-respondent, I am of the view that the Labour Court definitely fell in error when it did not provide a further opportunity to lead evidence to the petitioner to establish as to whether the charges against the private respondent were proved or not.

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However, since now the respondent no.2 had died and no further enquiry could be held, I am of the view that even though the award cannot be sustained, interest of justice would be served if the legal heirs and representatives of the deceased be compensated with an amount of Rs. 2,50,000/- which shall be paid to the wife of the deceased respondent. As of today when the charges levelled had not been proved against the respondent no. 2 then it cannot be said that he was guilty.

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This amount shall be kept in an interest bearing Fixed Deposit

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Account of a nationalized bank and the wife of the deceased respondent would be entitled for the interest which she would get from the Fixed Deposit.

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The amount shall be deposited in the name of the wife of the deceased-respondent in the nationalized bank within a period of one month from today.

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With these observations, the writ petition is disposed of.

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Order Date :- 26.2.2020 PK

U.P.S.R.T.C. Thru Regional Manager Kanpur Region Kanpur v. Anurag Pandey and Another

Case brief

What is this about?

What did the court decide?

U.P.S.R.T.C. Thru Regional Manager Kanpur Region Kanpur v. Anurag Pandey and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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