Disposed

Ram Singh v. Presiding Officer Labour Court Lko. and Another

Allahabad HC10 Jan 2024/75/2024

Case brief

AI extract

What is this about?

Labour Court petitioner sought expeditious disposal of a pending employment claim. The High Court observed frequent adjournments due to lawyer abstention but allowed fast-tracking only upon the petitioner's affidavit undertaking to appear personally without raising such adjournments.

What did the court decide?

Direction to Labour Court to decide proceedings expeditiously (preferably within six months) conditional on petitioner undertaking via affidavit to appear personally and not seek adjournments due to l

Ram Singh Vs Presiding Officer Labour Court Lko… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3322

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 75 of 2024

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Petitioner :- Ram Singh Respondent :- Presiding Officer Labour Court Lko. And Another Counsel for Petitioner :- Anand Prakash Singh Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard Sri Anand Prakash Singh, learned counsel for the petitioner. Notice on behalf of respondent no. 1 has been accepted by the office of the learned Chief Standing Counsel.

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In view of the order proposed by the Court, notice to the private respondent no. 2 is dispensed with.

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The petitioner has approached this Court with the limited prayer that Case No. 103 of 2021 (Ram Singh Vs. M/s Sumax Life Sciences Pvt. Ltd., Ayodhya) pending before the Presiding Officer, Labour Court, Lucknow may be decided expeditiously.

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The submission is that the petitioner had filed a claim petition which is registered as Case No. 103 of 2021.

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The private respondent had been avoiding services, as a result, the same was also done through publication fixing 04.09.2023 and thereafter dates are being fixed at a gap of about three months and thought the proceedings are to be decided in a summary fashion expeditioulsly yet the date now fixed is 01st April, 2024 as indicated in paragraph 7 of the petition.

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Having considered the aforesaid submissions and from the perusal of the material on record, it transpires that though the proceedings are pending before the respondent no.1 but from the perusal of the extracts of the order sheet, a copy of which has been brought on record as Annexure No. 2, on majority of dates, on account of resolution for abstention of work, no substantial proceedings could be taken and the matter is being adjourned.

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A query was put to the learned counsel for the petitioner that since the lawyers are abstaining from judicial work how can an expedite order be passed in such circumstances when there is no cooperation.

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At this stage, the learned counsel for the petitioner makes a statement that the petitioner shall appear in persons and will not seek any adjournment even in case if the lawyers are abstaining from work, he would put in appearance and cooperate in the proceedings.

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Taking note of the aforesaid statement given by learned counsel for the petitioner, this Court disposes of the petition with a direction to the respondent no. 1 to consider and decide the pending proceedings as expeditious as possible preferrably within a period of six months from the date a copy of this order is placed before the court concerned along with the undertaking of the petitioner in shape of an affidavit that he shall appear on each date fixed and will not seek any resolution despite any resolution passed by the members of the Bar. In case, if the petitioner does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order.

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It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 10.1.2024 Asheesh

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

Ram Singh v. Presiding Officer Labour Court Lko. and Another

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Ram Singh v. Presiding Officer Labour Court Lko. and Another

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