Allowed

M/S Starion India Pvt. Ltd. v. State of U.P. and 3 Others

Allahabad HC6 Feb 2023WRIC/40553/2022

Case brief

AI extract

What is this about?

The High Court set aside orders dated 30.05.2022, 01.12.2022, and consequent orders of the Labour Court as it found the Presiding Officer lacked authority to rejuvenate a set-aside award without deciding the merits. Work is remanded to the Labour Court to pass a fresh reasoned award.

What did the court decide?

Impugned orders dated 30.05.2022, 01.12.2022, and consequent orders set aside. Matter remanded to Labour Court for fresh consideratoin.

M/S Starion India Pvt. Ltd. Vs State of… — Labour and Industrial Disputes | Allahabad HC (2023)

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Court No. - 34

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Case :- WRIT - C No. - 40553 of 2022

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Petitioner :- M/S Starion India Pvt. Ltd. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atul Mehra,Vivek Ratan Agrawal Counsel for Respondent :- C.S.C,Shekhar Srivastava

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Atul Mehra, learned counsel for petitioner and Sri Shekhar Srivastava, learned counsel for respondents.

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By one of impugned orders dated 30.05.2022, learned Presiding Officer, Labour Court passed an award whereby he has rejuvenated earlier award dated 11.11.2014 which was admittedly set aside by an order dated 09.10.2017 on an application for recall of ex-parte award dated 11.11.2014.

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Subsequently, petitioner moved an application to set aside impugned order dated 30.05.2022 being ex-parte which was also set aside and consequently, proceedings were also initiated after impugned orders.

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The Court is not convinced with manner the Presiding Officer proceeded to pass impugned order whereby rejuvenated an already died award i.e. set aside by a specific and reasoned award. The correct approach ought to have been to pass a detailed award on merit, though Presiding Officer may take similar view taken in earlier award dated 11.11.2014, however, he has to pass a reasoned award and not to rejuvenate the award which has already been set aside.

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In these circumstances, impugned order dated 30.05.2022, order dated 01.12.2022 as well as consequent orders are set aside and matter is remanded back to learned Labour Court to pass a fresh order.

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The matter before Labour Court will be listed on 27.02.2023 and parties shall remain present on that day and Presiding Officer, either on same day or, will fix a date within a period of two weeks thereafter and will take all endeavour to conclude hearing within said period and will pass award/order in accordance with law within a period of two months thereafter.

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Learned Labour Court will not give any adjournment to either side of parties.

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Petition stands disposed of with aforesaid observations. Order Date :- 6.2.2023 Nirmal Sinha

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Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad

M/S Starion India Pvt. Ltd. v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

M/S Starion India Pvt. Ltd. v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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