Court No. - 38

Case :- WRIT - C No. - 22953 of 2022

Petitioner :- M/S Trilok Foods Pvt Ltd And Another

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Virendra Kumar Yadav,Ashok Kumar Dwivedi

Counsel for Respondent :- C.S.C.,Radhey Shyam Dwivedi

Hon'ble Saumitra Dayal Singh,J.

1. Heard Sri Ashok Kumar Dwivedi, learned counsel for

the petitioners and Sri Radhey Shyam Dwivedi, learned

counsel for the respondent-workman.

2. Challenge has been raised to the order dated

15.07.2022 passed by the Labour Court (II), Ghaziabad.

Earlier the petitioners were visited with an ex parte award

dated 29.04.2019. Against that, the petitioners filed a

restoration application. It was allowed vide order dated

07.01.2022 against payment of costs Rs.5,000/-, within a

period of one month. Since the petitioners did not pay the

same, the ex parte award dated 07.01.2022 remained in

force. Thereafter, the petitioners have filed two other

applications which have been rejected by order dated

25.03.2022 and 15.07.2022.

3. Learned counsel for the petitioners submits that there is

no fault of the petitioner. It had made over the amount to

its counsel towards payment of costs. Merely because the

petitioners' counsel did not deposit the same within time,

the petitioners have been visited with the harsh

consequence of an ex parte award.

4. On the other hand, learned counsel for the respondents

would submit that only delaying tactics had been adopted

by the petitioners.

5. Having heard learned counsel for the parties and

having perused the record, in the first place, there is no

denial to the fact that the original award is ex parte. It also

cannot be denied that a minimal cost of Rs.5,000/- had

been imposed by the Labour Court to recall that award

giving more than reasonable time to the petitioners to pay

the cost. At the same time, purely in the interest of justice,

since the award remains ex parte, one last opportunity is

granted to the petitioners to seek an award on merits

upon hearing, subject to payment of cost Rs.50,000/-,

within a period of one month.

6. Thus, the writ petition is disposed of with a direction,

in case the petitioners deposit cost Rs.50,000/- with the

Labour Court (II), Ghaziabad within a period of one month

from today, the ex parte award dated 29.04.2019 shall

stand set aside. The amount of cost thus deposited may

be released in favour of the respondent-workman by the

Labour Court.

7. Subject to above compliance, the Labour Court shall

then make best efforts to conclude the proceedings, as

expeditiously as possible, without allowing for any undue

or long adjournment to either party, preferably within a

period of nine months.

Order Date :- 11.8.2022

S.Chaurasia/-

Digitally signed by SHUBHAM

CHAURASIA

Date: 2022.08.11 16:55:44 IST

Reason:

Location: High Court of Judicature at

Allahabad