U P SMALL INDUSTRIES CORPORATION Vs. PRESIDING OFFICER LABOUR COURT I AND SRI AJAI KUMAR
LAWS(ALL)-2005-5-207
HIGH COURT OF ALLAHABAD
Decided on May 06,2005

UTTAR PRADESH SMALL INDUSTRIES CORPORATION THROUGH ITS MANAGING DIRECTOR AND MANAGING Appellant
VERSUS
PRESIDING OFFICER, LABOUR COURT (I) AND SRI AJAI KUMAR, SON OF SRI RAM Respondents

JUDGEMENT

Rakesh Tiwari, J. - (1.) Heard counsel for the parties and perused the record.
(2.) These are three connected writ petitions.
(3.) Writ Petition No. 1116 of 1999 has been filed challenging the validity and correctness of the impugned award dated 30.10.1997, enforced by publication on the notice board of the Labour Court on 19.5.1998. The relief sought in this writ petition is for quashing of the impugned award passed by the Labour Court (I), U.P., Kanpur in Adjudication Case No. 65/96 and for a direction in the nature of mandamus directing the respondents not to compel the petitioners to implement the aforesaid award. This Court passed an interim order dated 13.1.1999 in this writ petition as under: "Heard Sri P.S. Baghel, learned counsel for the petitioners and Sri S.N. Dubey, appearing on behalf of respondent No. 2. Let a counter affidavit be filed within six weeks on behalf of respondent No. 2. In the meantime the operation of the impugned award dated 23.10.1997, a copy of which is Annexure-1 to this writ petition, shall remain stayed provided: 1. the back wages to the extent of 50 per cent payable under the award are deposited with the concerned labour court within two months from today; 2. a sum equal to wages payable to the workman from the date of the award till the last preceding month is paid to the respondent-workman within two months from today; and 3. wages at the rate admissible under Section 17-B of the Industrial Disputes Act, 1947 for the succeeding months shall be paid to the respondent-workman, month by month basis, till further orders of this Court. The back wages so deposited, in terms of this order, shall be invested in some Nationalized Bank by the Labour Court under an interest earning term deposit scheme. In the event of default in complying with any of the aforementioned conditions, the present stay order shall automatically come to an end. Sd/- O.P. Garg, J. 13.1.99";


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