M/S Kashi Laminators Private Limited Thru. Authorized Representative Mr.Bhupesh Bansal v. Ram Kumar Mishra and 6 Others

Allahabad HC1 May 2024WRIC/3931/2024

Case brief

AI extract

What is this about?

Employer challenged a 2019 Labour Court award granting relief to a workman, claiming its authorized representative withdrew without informing it and the proceedings ran ex parte without adjudicating its written statement on the dismissal inquiry. Interim stay granted.

What did the court decide?

Operation of award dated 14.05.2019 and recovery certificate dated 15.02.2024 stayed till 02.07.2024; status quo maintained on attached property.

M/S Kashi Laminators Private Limited Thru… — Labour and Industrial Disputes | Allahabad HC (2024)

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Court No. - 17

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Case :- WRIT - C No. - 3931 of 2024

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Petitioner :- M/S Kashi Laminators Private Limited Thru. Authorized Representative Mr.Bhupesh Bansal Respondent :- Ram Kumar Mishra And 6 Others Counsel for Petitioner :- Vikas Vikram Singh,Nishant Singh,Rajat Gangwar Counsel for Respondent :- Mohammad Aslam Siddiqui,C.S.C.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner and learned State Counsel for opposite parties no. 2 to 7. Although the name of Mr. Mohammad Aslam Siddiqui Advocate has been mentioned in the cause list as learned counsel for opposite party no. 1 and he has also endorsed his receiving of the petition, no one has put in appearance on behalf of opposite party no. 1.

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Petition has been filed challenging award dated 14.05.2019 passed by the Labour Court in adjudication case preferred by the opposite party no. 1 which has been allowed.

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Learned counsel for petitioner submits that although initially petitioner's authorized representative was appearing on behalf of petitioner but subsequently he gave an application on 06.02.2019 withdrawing his authorization to appear on behalf of petitioner. It is submitted that the authorized representative never informed to management with regard to such letter being issued by him and therefore the aforesaid proceedings were conducted ex parte and came to the knowledge of petitioner only when the recovery certificate was issued and served upon them whereafter the present petition has been filed.

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It has been submitted that a bare perusal of impugned order will make it evident that all the submissions of workman have been taken at face value without adjudicating upon the grounds raised by petitioner in the written statement which was on record alongwith other evidence as per which the opposite party no. 1 had been dismissed from service after due inquiry with regard to charges levelled against him and was an aspect not considered by the Labour Court.

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Prima facie submissions advanced by learned counsel for petitioner have force and require consideration for which opposite parties are granted four weeks' time to file counter affidavit.

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List this case on 02.07.2024.

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Till next date of listing, the operation of award dated 14.05.2019 has passed in Adjudication Case No. 76 of 2023, Ram Kumar Mishra versus M/s Kashi Laminators Private Limited as well as the recovery certificate dated 15.02.2024 shall remain stayed, however, since the property has already been attached in pursuance of recovery, it is directed that status quo as on date shall be maintained.

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Order Date :- 1.5.2024 Satish

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

M/S Kashi Laminators Private Limited Thru. Authorized Representative Mr.Bhupesh Bansal v. Ram Kumar Mishra and 6 Others

Case brief

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M/S Kashi Laminators Private Limited Thru. Authorized Representative Mr.Bhupesh Bansal v. Ram Kumar Mishra and 6 Others

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