PRESIDENT MIRZAPUR COOPERATIVE BANK LTD Vs. LABOUR COMMISSIONER KANPUR
LAWS(ALL)-2009-4-353
HIGH COURT OF ALLAHABAD
Decided on April 20,2009

PRESIDENT MIRZAPUR COOPERATIVE BANK LTD. Appellant
VERSUS
LABOUR COMMISSIONER KANPUR Respondents

JUDGEMENT

Arun Tandon, J. - (1.) PETITIONERS before this Court seek quashing of the order passed by the Prescribed Authority dated 29.09.2008 in Misc. Case No. 77 of 2007. Facts relevant for deciding the controversy are: That respondent no. 4 Daya Shankar Upadhyaya raised an industrial dispute qua illegal termination of his service by the Mirzapur Urban Co-operative Bank Ltd. The dispute raised was referred for adjudication to the Labour Court at Allahabad. The Labour Court, Allahabad made an Award in favour of the workman on 14.11.2006 which was published on 15.12.2006. The petitioners who are employers made an application before the Labour Court alleging therein that the award was ex parte. The application was allowed and the reference was restored to its original number for fresh hearing. Now when the reference has been restored to its original number, the petitioners have made application after application for the case being transferred to the Labour Court, Mirzapur. The application made by the petitioners had been rejected by the Prescribed Authority under the impugned order with the observation that it has no competence to transfer any case from its Court to the Labour Court at Mirzapur. I have heard learned counsel for the parties and have gone through the records of the present writ petition. I am of the considered opinion that the order passed by the Prescribed Authority is strictly in accordance with law. The Labour Court at Allahabad has no jurisdiction to transfer any matter pending before it to any other Labour Court situate in other district. The power in that regard is exclusively vested with the State Government. There is no such order of the competent authority Accordingly the writ petition is dismissed with a further observation that the Labour Court shall endeavour to decide the case at the earliest possible, preferably within six months from the date a certified copy of this order is filed before the Court.;


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