M/S Luxor International Pvt. Ltd. Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

M/S Luxor International Pvt. Ltd. Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim/directional orders only: Respondent No. 3/Assistant Labour Commissioner, Gautambuddhanagar directed to decide the petitioner's application dated May 21, 2025 within ten days and inform the Court on the next date; matter to be put up fresh on 22.07.2025 together with that decision; Registrar (Compliance) directed to communicate a copy of the order to Respondent No. 3 through C.J.M., Noida within 48 hours. No merits determination and no stay/recovery-quashing recorded in this order.

Issue for consideration

Was the order dated 06.03.2025 passed by Respondent No. 3, Assistant Labour Commissioner, Gautambuddha Nagar — directing recovery of Rs. 10,76,757/- from the petitioner as land revenue — rightly passed, or was it wrongly passed against the petitioner? +1 more

Court's answer

Without adjudicating the challenge on merits, the Court directed Respondent No. 3/Assistant Labour Commissioner, Gautambuddhanagar to take a decision on the petitioner's application dated May 21, 2025 within a period of ten days from the date of the order and to inform the Court in that regard on the next date fixed; the matter was to be put up fresh on 22.07.2025 along with the decision taken by Respondent No. 3.

Detailed headnote1 paragraphs

Allahabad High Court (Prakash Padia, J.), WRIT - C No. 21161 of 2025, order dated 09.07.2025: M/S Luxor International Pvt Ltd v. State of U.P. and 4 Others. The petitioner challenged the order dated 06.03.2025 of Respondent No. 3, Assistant Labour Commissioner, Gautambuddha Nagar, which — arising from proceedings under Section 6-H(1) of the U.P. Industrial Dispute Act, 1947 initiated for non-compliance of the award in Adjudication Case No. 128 of 2015 dated 12.12.2019 — directed recovery of Rs. 10,76,757/- from the petitioner as land revenue, yet cited an award in 'Adjudication Case No. 141 of 2014' dated 12.07.2019, a case the petitioner asserted was never filed against him nor produced any award against him. The petitioner had applied to the Assistant Labour Commissioner, Gautambuddh Nagar, Noida on May 21, 2025 stating the order was wrongly passed (copy at page-21 of the writ petition). Counsel for Respondent No. 5/workman (Ms. Afshan Shafaut) maintained that the award dated 12.12.2019 in Adjudication Case No. 128 of 2015 did concern the petitioner, whose earlier Writ C No. 10231 of 2023 challenging that award remains pending with an interim order in his favour, the petitioner allegedly relying on a wrong recital of the case number and award. Making no merits determination, the Court directed Respondent No. 3 to decide the petitioner's May 21, 2025 application within ten days and report on the next date; the matter was listed fresh for 22.07.2025 with that decision, and Registrar (Compliance) was to communicate the order to Respondent No. 3 through C.J.M., Noida within 48 hours. Disposition: directional/interim ('other'); the Rs. 10,76,757/- figure belongs to the impugned recovery order, not to any quantum fixed by this Court. No precedents cited; no dissent.

Court No. - 33

Case :- WRIT - C No. - 21161 of 2025

Petitioner :- M/S Luxor International Pvt Ltd Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devesh Tripathi,Sandeep Pandey,Sunil Kumar Tripathi

Counsel for Respondent :- Afshan Shafaut,C.S.C.,Sushil Kumar Yadav

Hon'ble Prakash Padia,J.

The petitioner has preferred the present writ petition challenging the order dated 06.03.2025 passed by Respondent No. 3, Assistant Labour Commissioner, Gautambuddha Nagar.

It appears that for non-compliance of the award passed in Adjudication Case No. 128 of 2015 dated 12.12.2019, the proceedings were initiated under Section 6-H(1) of the U.P. Industrial Dispute Act, 1947. In the said proceedings, order dated 06.03.2025 was passed.

By the aforesaid order, direction was given to recover the sum of Rs. 10,76,757/- from the petitioner as land revenue.

It is argued that in the aforesaid order, there is a reference of Adjudication Case No. 141 of 2014 in which an award was passed on 12.07.2019. It is argued that at no point of time any such case has been filed against the petitioner nor any such award has been made against him. As soon as when the petitioner came to understand regarding the aforesaid order, he moved an application before the Assistant Labour Commissioner, Gautambuddh Nagar, Noida U.P. on May 21, 2025 stating therein that the aforesaid order has wrongly been passed against the petitioner. Copy of the said application is appended at page-21 to the writ petition.

On the other hand, it is argued by Ms. Afshan Shafaut, learned counsel appearing on behalf of Respondent No. 5/ Workman that in fact an award has been made against the petitioner in Adjudication Case No. 128 of 2015 on 12.12.2019. Aggrieved against the aforesaid, the petitioner has preferred Writ C No. 10231 of 2023 (M/s. Luxor International Pvt. Ltd. vs. State of U.P. and 4 others) in which an interim order has been granted in his favour though the writ petition is still pending. It is further argued by her that petitioner is only taking wrong recital of adjudication

case no. 128 of 2015 as well as award.

Heard counsel for the parties and perused the record.

In the facts and circumstances of the case and also in the interest of justice, Respondent No. 3/Assistant Labour Commissioner, Gautambuddhanagar is directed to take a decision on the aforesaid application namely Application dated May 21, 2025 within a period of ten days from today and inform the Court in this regard on the next date fixed in the matter.

Put up this matter as fresh on 22.07.2025 along-with decision taken by the Respondent No.3.

Registrar (Compliance) is directed to communicate the copy of this order to the Respondent No. 3/ Assistant Labour Commissioner, Gautambuddh Nagar, Noida through C.J.M., Noida within 48 hours.

Order Date :- 9.7.2025 Swati

Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad