Advocates:
['J P SINGH', '', 'ASHOK KHARE', 'C S C', '', 'ASHOK KUMAR SINGH', 'AVADHOO RAM']

Court No. - 38

Case :- WRIT - C No. - 5683 of 2001

Petitioner :- Medical Superintendent Christian Hospital And

Another

Respondent :- Presiding Officer Labour Court And Another

Counsel for Petitioner :- J.P.Singh,Ashok Khare

Counsel for Respondent :- C.S.C,Ashok Kumar

Singh,Avadhoo Ram

Hon'ble Saumitra Dayal Singh,J.

List has been revised. None is present for the respondent-

workman.

Heard Sri J.P. Singh learned counsel for the petitioner and the

learned Standing Counsel for the State respondents.

Challenge has been raised to the award of the Labour Court,

Gorakhpur dated 18.11.1999 in Adjudication Case No.

193/1990 between the petitioner Medical Superintendent

Christian Hospital, Azamgarh and its workman Smt. Kamrun

Nisa. The said Adjudication Case had arisen upon the below

quoted reference order dated 25.5.1990;-

"Kya sewayojko dwara apni mahila shramik Kamrun Nisha

patni Mohd. Naseem, pad-safai majdoor ko dinank 22-4-88 se

karye se prithak/vanchit kiya jana anuchit tatha avaidhanik

hai/ Yadi han, to sambandhit mahila shramik kya laabh

anutosh(relief) paane ki adhikari hai, tatha kis anya vivran

sahit?"

Having heard learned counsel for the petitioner and having

perused the record, it transpires that the award is wholly non

speaking and framed contrary to the law and procedure. Upon

receipt of written statement, a date appears to have been fixed

in the proceeding for 18.11.1999. On that date itself, the

petitioner was found absent in the proceedings. The award

recites that the Adjudication Case was therefore, directed to

proceed ex parte. Without fixing any further date, evidence of

the workman was recorded wherein, according to the Labour

Court, she did not add to the pleadings. No further date was

fixed in the matter.

More shockingly, without making any discussion of the

evidence or facts pleaded, the Labour Court has merely framed

the award of reinstatement with full back wages and continuity

together with costs of Rs. 200/-.

To say the least, the award is a farce. It may never be sustained.

At the fresh stage itself, the Court had granted below quoted

stay order:

"Admit.

Issue notice to the respondent No.2.

In the meantime, the execution and implementation of the

award dated 18.11.1999 published on 6th April, 2000 shall

remain stayed till further orders of the Court."

Counter affidavit has been filed. However, no further fact has

been pleaded in that affidavit that may given any confidence in

the procedure followed by the Labour Court. Accordingly the

writ succeeds.

Normally the Court may have remitted the matter to the Labour

Court. However, in the facts and circumstances of the case as

noted above, it appears, no useful purpose may be served in

adopting that course and it may only lead to increase the

already heavy case load of the Labour Court. The respondent-

workman has probably lost interest in the matter.

Accordingly the award dated 18.11.1999 is quashed. The writ

petition is allowed leaving it open to the respondent workman

to apply for recall of the order and seek a direction of setting

aside the award with remand to the Labour Court, if any real

dispute survives.

Order Date :- 27.5.2022/Faraz

Digitally signed by FARAZ AHMAD

Date: 2022.05.27 17:27:45 IST

Reason:

Location: High Court of Judicature

at Allahabad