Partly allowed

M/S Perfect Apparels Inc. v. State of U.P. and 5 Others

Allahabad HC8 Sept 2022WRIC/26978/2022

Case brief

AI extract

What is this about?

The High Court set aside a Labour Court award passed ex parte against the petitioner. The court directed the petitioner to deposit Rs. 2,50,000 for the workman and ordered the Labour Court to rehear the dispute within six months.

What did the court decide?

The award dated 06.12.2018 was set aside. Petitioner directed to pay Rs. 2,50,000 to workman and appear before Labour Court within three weeks. Labour Court directed to retire fresh order within six m

M/S Perfect Apparels Inc. Vs State of U.P… — Labour and Industrial Disputes | Allahabad HC (2022)

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Court No. - 9

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Case :- WRIT - C No. - 26978 of 2022

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Petitioner :- M/S Perfect Apparels Inc. Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Umesh Chandra Kesarwani

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Hon'ble Prakash Padia,J.

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The petitioner has preferred the present petition inter-alia with the following prayers

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"i) issue a writ, order or direction in the nature of certiorari, quashing the orders dated 8.8.2022 27.9.2021 and 14.12.2020 passed by the Presiding Officer, Labour Court, Noida, Gautam Budh Nagar, respondent no. 2 (Annexure: 19, 13 and 11 to the writ petition respectively);

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(ii) issue a writ, order or direction in the nature of certiorari, quashing recovery citation 9.6.2022 issued by the Tehsildar Sadar, Gautam Budh Nagar, respondent no. 4 (Annexure: 18 to the writ petition) ;

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iii) issue a writ, order or direction in the nature of certiorari, quashing the recovery order dated 2.4.2022 passed by the Authority (u/s 6H() / Assistant Labour Commissioner, respondent no. 5 (Annexure : 17 to the writ petition) ;

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iv) issue a writ, order or direction in the nature of certiorari, quashing the award dated 6.12.2018 passed in Adjudication Case No. 529 of 2011 by the respondent no. 2, Presiding Officer, Labour Court, Noida, Gautam Budh Nagar which has been published on 30.01.2019 (Annexure : 7 to the writ petition) ;"

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It is argued by Shri Sunil Gupta, learned counsel appearing on behalf of petitioner that the award given by the respondent no. 2/ Presiding Officer, Labour Court, U.P. Noida, Gautam Budh Nagar dated 06.12.2018 published in the official gazette on 13.02.2019, copy of which is appended as Annexure-7 to the present petition is absolutely illegal and liable to be set aside. It is further argued that the aforesaid award was made on an exparte basis. When the application to recall the aforesaid award was made, the same was rejected without explaining any cogent reasons.

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On the other hand, it is argued by Shri Umesh Chandra Kesarwani, learned counsel appearing on behalf of respondent no.6 / workman Shri Haider Ali that since nobody is present inspite of the repeated time granted, the respondent no.2 rightly passed the award. It is further argued that the workman is entitled for the benefit granted in the award.

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It appears from perusal of the record that time and again the various orders were passed against the petitioner in an exparte manner. It further appears that though proper opportunity was granted, inspite of the same, nobody is put up his appearance on behalf of the petitioner before the respondent no.2.

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After some arguments, counsel for the parties are ready that in case the petitioner will pay Rs. 2,50,000/- in favour of the workman i.e., Haider Ali within a period of three weeks from today, the respondent no. 2 will be directed to pass a fresh order strictly in accordance with law after hearing parties concerned.

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In view of the facts as narrated above, the award dated 06.12.2018 passed in adjudication Case No. 529 of 2011 passed by the respondent no. 2 namely Presiding Officer, Labour Court, U.P. Noida, Gautam Budh Nagar is hereby set aside. All the consequential orders and actions were taken by the authorities pursuant to the aforesaid award is also set aside.

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Petitioner is directed to appear before the respondent no. 2 along-with bank draft of Rs. 2,50,000/- in favour of the workman namely Haider Ali on 26.09.2022. The respondent no. 2, namely Presiding Officer, Labour Court, U.P. Noida, Gautam Budh Nagar is directed to hand over the aforesaid bank draft to the workman forthwith. The respondent no. 2 is further directed to proceed with the matter again and decide the entire dispute most expeditiously and preferably within a period of six months from 26.09.2022.

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In case the bank draft will not be deposited by the petitioner as stated above, the present petition be deemed to be dismissed with all practical purposes.

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Order Date :- 8.9.2022 Swati

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Digitally signed by SWATI PATHAK Date: 2022.09.12 16:16:40 IST Reason: Location: High Court of Judicature at Allahabad

M/S Perfect Apparels Inc. v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

M/S Perfect Apparels Inc. v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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