Disposed

Tejbeer Sharma v. Presiding Officer Labour Court Iind Ghaziabad and Another

Allahabad HC30 May 2022WRIC/9700/1998

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging three Labour Court orders. After the petitioner waived specific pleas, the court directed the Labour Court to conclude pending proceedings within three months.

What did the court decide?

The writ petition is disposed of; a direction is issued to the Labour Court to conclude proceedings within three months.

Tejbeer Sharma Vs Presiding Officer Labour Court… — Service and Employment | Allahabad HC (2022)

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Court No. - 38

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Case :- WRIT - C No. - 9700 of 1998

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Petitioner :- Tejbeer Sharma

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Respondent :- Presiding Officer Labour Court Iind Ghaziabad And Another

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Counsel for Petitioner :- Y.K.Sinha,Akshat Sinha Counsel for Respondent :- C.S.C.,Shishir Tiwari

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Hon'ble Saumitra Dayal Singh,J.

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Counter affidavit has been filed today. Taken on record.

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Learned counsel for the petitioner states, he does not intend to file rejoinder affidavit. Accordingly, the matter has been proceeded.

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Heard Shri Akshat Sinha, learned counsel for the petitioner and Shri Shishir Tiwari, learned counsel for respondent no.2 and learned Standing Counsel.

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Present writ petition has been filed by the workman against three orders passed by the Labour Court II, U.P. at Ghaziabad, in Adjudication Case No. 357 of 1989 (Tejbeer Sharma vs. Tenco Steel & Engineering (P) Ltd.

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Pursuant to the interim order dated 31.3.1998, further proceedings in the aforesaid adjudication case have remained stayed for more than 24 years.

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By order dated 26.8.1996, Labour Court had rejected the petitioner's application for recall of the employer witness (EW3). By further order dated 24.1.1997, Labour Court rejected the application filed by the petitioner to summon certain documents claimed to be existing in the record of the employer. By the third order dated 11.11.1997, Labour Court rejected the recall application filed by the petitioner seeking recall of the orders

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passed by the Labour Court dated 26.8.1996 and 24.1.1997. While that was the status of the proceedings when the petitioner had approached this Court, 24 long years ago, at present, learned counsel for the petitioner states, the petitioner does not intend to press his request, either for recall of employer witness (EW-3) or for summoning of documents, which prayer had been declined by the Labour Court on 24.1.1997, inasmuch as, he pleads that the proceedings in the adjudication case may be concluded expeditiously.

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To that, learned counsel for the employer could have no possible objection. It is true, the matter has remained pending for unduly long period of time, wholly contrary to the expectation, both of the litigant and also of the Court.

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In view of the statement made by learned counsel for the petitioner, present writ petition is disposed of with a direction, the Labour Court shall make best efforts to conclude the proceedings as expeditiously as possible, from the stage where they exist before the present challenge had arisen. It is expected, those proceedings may be concluded within a period of three months from today as the evidence being already completed by both sides.

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Order Date :- 30.5.2022 Prakhar

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Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.05.31 11:07:27 IST Reason: Location: High Court of Judicature at Allahabad

Tejbeer Sharma v. Presiding Officer Labour Court Iind Ghaziabad and Another

Case brief

What is this about?

What did the court decide?

Tejbeer Sharma v. Presiding Officer Labour Court Iind Ghaziabad and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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