U.P. STATE ROAD TRANSPORT CORPORATION KANPUR REGION Vs. ANAWAR KHAN AND 2 OTHERS
LAWS(ALL)-2018-5-685
HIGH COURT OF ALLAHABAD
Decided on May 17,2018

U.P. State Road Transport Corporation Kanpur Region Appellant
VERSUS
Anawar Khan And 2 Others Respondents

JUDGEMENT

MANOJ MISRA,J. - (1.) Heard Sri M.M. Sahai for the petitioner; learned Standing Counsel for the respondents 2 and 3; and Sri S.N. Dubey for the respondent no.1 and perused the record.
(2.) The present petition has been filed for quashing the orders dated 09.10.2017 and 13.03.2018 passed by the Labour Court (4), U.P., Kanpur in Misc. Case No.113 of 2014 by which, exercising power under Section 6-H(2) of the U.P. Industrial Disputes Act, 1947, an amount of Rs.6,52,223/- has been found payable by the petitioner-employer to the respondent workman (Anawar Khan) for the period starting from 17.03.2001 to 31.10.2014 and, thereafter, the application to review that order has been rejected.
(3.) The facts giving rise to the present petition are that the respondent workman (respondent no.1) was a bus driver with the petitioner. He was removed from service, as a result, an industrial dispute was raised, which was referred to the Labour Court for adjudication. The Labour Court, by its award dated 20.04.2006, declared the removal illegal and held the workman to be entitled to reinstatement with all consequential benefits. The award passed by the Labour Court was challenged by filing Writ-C No.61911 of 2006 which was dismissed by order dated 19.03.2015 against which a Special Leave to Appeal No.31615 of 2015 was filed which was disposed of by order dated 12.07.2016, which reads as follows:- "Heard the learned counsel for the petitioner. It has been submitted that the back-wages have already been paid by the petitioner. It has also been submitted that as another departmental proceedings have been initiated against the respondent and he has been put under suspension, he has been reinstated. In the circumstances, if it is so, the respondent has no right to reinstatement. Back-wages have been paid to him and therefore, nothing survives. If there is another inquiry pending against the respondent, the same shall be concluded as soon as possible. We are sure that the respondent shall extend his cooperation so that the departmental proceedings can be concluded expeditiously. The special leave petition stands disposed of. Pending application, if any, shall also stand disposed of.";


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.