Allahabad High Court - Lucknow Bench Judgement

Allahabad High Court - Lucknow Bench Judgement

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JUDGEMENT HEADLINE : Interlocutory Non AFR
JUDGEMENT TITLE : Nagar Nigam Slej Farm Gomtinagar Lko.Through Its Municipal Vs. D.M.Lko.And 3 Ors. On 02/06/2008 By Allahabad High Court - Lucknow Bench
CASE NO : MISC. SINGLE NO. 2701 OF 2008
CORAM : Hon'ble Abhinava Upadhya,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

The Present Writ Petition Has Been Filed By Nagar Nigam Challenging The Award Of The Labour Court Dated 10.8.2007( Annexure-1in The Connected Writ Petition No. 296 (MS) Of 2008) Whereby The Respondent No. 4 Has Been Directed To Be Reinstated. It Has Further Been Awarded That The Termination Of The Respondent No. 4 On 1.10.1990 Was Not Proper And From 1.10.1990 Up To 10.5.2007 The Respondent No. 4 Is Entitled To 50% Of The Wages. Since Payment Of 50% As Directed By The Labour Court Has Not Been Deposited, Therefore, A Notice Dated 27.3.2008 Has Been Issued Against The Petitioner For Recovery Of The Said Amount , Which Has Been Impugned In The Present Petition
The Contention Of The Petitioner Is That The Said Reference Is Extremely Belated In So Much So That The Respondent No. 4's Services Assuming That They Were Terminated In The Year 1990, Reference Has Been Made In The Year 2006 I.e After 16 Years. The Contention Of The Counsel For Petitioner Is That Inspite Of This Order, The Respondent No. 4 Has Not Joined His Services Till Date. Learned Counsel Further States That Pursuant To The Award, Execution Proceedings Have Been Initiated Which Has Also Been Challenged In This Writ Petition
Looking Into The Facts And Circumstances Of The Case, It Is Apparent That The Workman Has Approached The Labour Court After 16 Years. Further It Is Also To Be Noted That Before The Labour Court The Proceedings Were Not Contested By The Petitioners.
In The Aforesaid View Of The Matter, Let Notices Be Issued To Respondent No. 4 Returnable At An Early Date.
In The Meantime, The Award Of The Labour Court As Well As The Order Of Execution Court Dated 27.3.2008 Contained In Annexure-1 In The Writ Petition Shall Remain Stayed Provided The Petitioner Deposits A Sum Of Rs. 1,00000 ( One Lac) Before The Executing Court Within A Period Of Two Weeks From Today.
List After Vacations. During This Period Pleadings May Be Exchanged. Connect This Petition With Writ Petition No. 296 (MS) Of 2008.

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