BHUMI VIKAS BANK FATEHGARH Vs. PRESIDING OFFICER LABOUR COURT - 3 KANPUR AND OTHERS
LAWS(ALL)-2019-4-199
HIGH COURT OF ALLAHABAD
Decided on April 10,2019

Bhumi Vikas Bank Fatehgarh Appellant
VERSUS
Presiding Officer Labour Court - 3 Kanpur And Others Respondents

JUDGEMENT

J.J. Munir, J. - (1.) This writ petition has been filed by the Bhumi Vikas Bank, since renamed as U.P. Sahkari Gram Vikas Bank, District Office Fatehgarh, District Farrukhabad, acting through its Senior Manager praying inter alia for the following material reliefs, in the terms that the petition was originally framed and filed: "(i)issue a writ, order or direction in the nature of certiorari and to quash the order dated 26.09.2000 passed by the Presiding Officer, Labour Court (III), U.P. Kanpur in Misc. Case No.27 of 1996 (Annexure-1 to the writ petition). (ii)issue a writ, order or direction in the nature of certiorari and to quash the impugned recovery notice dated 13.8.2001 issued by the Deputy Labour Commissioner, U.P. Kanpur (Annexure-2 to the writ petition).
(2.) Lateron, through an amendment permitted by this Court vide order dated 26.03.2019, a further relief numbered as (ii-A) was added, which is to the following effect: "(ii-A) issue a writ, order or direction in the nature of certiorari and to quash the impugned recovery notice/ certificate dated 21.10.2001 issued by the Deputy Labour Commissioner U.P., Kanpur (Annexure-9 to the writ petition)."
(3.) By the first relief, which is the most substantive of them all the petitioner has sought to quash an order dated 26.09.2000 passed by the Presiding Officer, Labour Court-III, Kanpur in Misc. Case no.27 of 1996, filed under Section 33-C(2) of the Industrial Disputes Act, 1947. By the said order, the application under Section 33-C(2) has been allowed. That application made by respondent no.3, seeks to enforce an award dated 16.10.1989 passed by the Presiding Officer, Labour Court-5, Kanpur Nagar, in Adjudication Case no.106 of 1988, to the extent that in terms of the said award, wages for the period 01.07.1985 to 31.08.1990 in the sum of Rs.1,24,930.84 paise were claimed payable to the third respondent. It was alleged that the said money due was not paid and the same required calculation.;


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