Dismissed

Suresh Chandra Yadav v. Honble Central Government Industrial Tribunal Cum Labour Court Lko. and Others

Allahabad HC16 Apr 2024/215/2024

Case brief

AI extract

What is this about?

In this Special Appeal, Suresh Chandra Yadav challenged the Single Judge's order remanding a labour dispute claim for fresh evidence. The High Court bench dismissed the appeal, upholding the lower court's decision to set aside the Tribunal's award and remit the case while evidence is closed.

What did the court decide?

The Special Appeal is dismissed; the Single Judge's order remanding the case to the Tribunal is upheld.

Suresh Chandra Yadav Vs Honble Central… — Labour and Industrial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29969-DB

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Chief Justice's Court

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Case :- SPECIAL APPEAL DEFECTIVE No. - 215 of 2024 Appellant :- Suresh Chandra Yadav Respondent :- Honble Central Government Industrial Tribunal Cum Labour Court Lko. And Others Counsel for Appellant :- Suresh Chandra, In Person Counsel for Respondent :- A.S.G.I.,Raj Kumar Singh

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Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J.

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The appellant appears in person and has filed this appeal which is directed against the order dated 23.01.2024 passed in Writ-C No. 10527 of 2023 whereby the petition filed by the appellant has been allowed by the learned Single Judge. The appellant filed petition seeking to challenge the award dated 15.12.2016 passed by the Central Government, Industrial Tribunal-cum-Labour Court, Lucknow whereby the claims made by the appellant was rejected for lack of evidence on part of the appellant.

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The learned Single Judge after considering the issues raised came to the conclusion that the rejection of the case of the appellant was not justified and therefore directed the C.G.I.T. to decide the case afresh from the stage, the evidence of the appellant was closed.

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The present Special Appeal has been filed seeking to make submissions that instead of remanding the matter back to the C.G.I.T., the appellant should have been granted the relief as claimed before the C.G.I.T..

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The submissions made are wholly misconceived, inasmuch as, once the appellant filed the claim before the C.G.I.T. and the same was rejected for lack of evidence, the learned Single Judge was justified in setting aside the order and remanding back the matter leaving it open for the appellant to lead evidence and requiring the C.G.I.T. to pass a fresh order.

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In view of the above, no interference is called for and the present appeal has no substance, the same is, therefore, dismissed .

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Order Date :- 16.4.2024 Asheesh/Shrawan

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(Jaspreet Singh, J.) (Arun Bhansali, CJ.)

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Suresh Chandra Yadav v. Honble Central Government Industrial Tribunal Cum Labour Court Lko. and Others

Case brief

What is this about?

What did the court decide?

Suresh Chandra Yadav v. Honble Central Government Industrial Tribunal Cum Labour Court Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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