TRIVENI ENGINEERING AND INDUSTRIAL LIMITED Vs. STATE OF U P
LAWS(ALL)-2013-3-177
HIGH COURT OF ALLAHABAD
Decided on March 22,2013

Triveni Engineering And Industrial Limited Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) This group of writ petitions are interlinked and are being decided together. For facility, the facts of Writ Petition No. 51362 of 2012 is taken into consideration. It transpires that the services of a large number of workers in the petitioner Company had been terminated. The workmen raised several industrial disputes before the Labour Court, Saharanpur. One workman filed Writ Petition No. 56374 of 2011 before this Court, which was disposed of by an order dated 27.9.2011 directing the Labour Court to decide the adjudication case referred to within four months from the date of the production of a certified copy of the order 22 such writ petitions were filed in which similar orders were passed on different dates directing the Labour Court to decide the dispute within four months.
(2.) Prior to the directions of the Writ Court, the petitioner, not being satisfied with the conduct of the Presiding Officer, filed a transfer application before the Labour Commissioner, who is the delegated authority of the State Government, praying for the transfer of the case to another Labour Court. Since the transfer application remained pending and no order was passed by the appropriate authority, the petitioner filed Writ Petition No. 61123 of 2011, which was disposed of by an order dated 21.10.2011 directing the Labour Court to decide the transfer application of the petitioner within one month and further restrained the Labour Court from passing any award for a period of one month or till the disposal of the transfer application.
(3.) It transpires that the Labour Commissioner rejected the transfer application by an order dated 30.11.2011. On the same date, the Labour Court, after hearing the adjudication case, closed the evidence of the parties and fixed 7.12.2011 for arguments. On 7.12.2011, the petitioner filed an adjournment application praying that the matter may be adjourned to enable the petitioner to get an appropriate order from the High Court against the order of rejection of their transfer application. This adjournment application was rejected by the Labour Court by an order dated 7.12.2011 and thereafter the Labour Court reserved the award directing the parties to file their written arguments within three days, if any.;


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