Madhya Pradesh High Court
Pradeep Kumar Gupta vs State Of M.P. on 6 August, 2015
1 Writ Petition No.1105/2010
(Pradeep Kumar Gupta vs. State of M.P. and others)
06/08/2015
Shri R.D. Agrawal, Advocate for petitioner.
Shri R.P. Gupta, Government Advocate for
respondents/State.
By this writ petition under Article 226 and 227 of the Constitution of India petitioner has approached this Court with the grievance that though the petitioner has filed an application seeking permission of the competent authority for prosecuting respondent no.1, who despite order being passed by the Labour Court No.2, Gwalior confirmed by the Industrial Court has not complied with the order of regularization passed in favour of petitioner.
It is submitted that as a matter of fact complaint was filed for non-compliance of aforesaid order much prior to amendment brought by the State Government in Section 63 of the Industrial Relations Act, amendment Act, 2007. The petitioner has already submitted an application seeking permission for further continuation of the complaint against respondent no.1. The said application is pending consideration and so far no decision has been taken by the competent authority. Learned counsel prays for a direction to the competent authority to decide the pending application, Annexure P/5, in the light of the order passed by this Court in Writ Petition No.3569/2008 decided on 15/12/2008.
The prayer appears to be innocuous and reasonable in 2 Writ Petition No.1105/2010 (Pradeep Kumar Gupta vs. State of M.P. and others) nature. Accordingly, the writ petition is disposed of with the directions that if the petitioner represents before the competent authority in connection with his pending application, Annexure P/5, for sanction as required under the amended Section 63 of the Industrial Relations Act for further continuation of his complaint against respondent no.1 for non- compliance of the order passed by Labour Court confirmed by the Industrial Court, which in fact has attained finality as there is no challenge to the aforesaid order, within fifteen days alongwith certified copy of the order passed today, the respondents/authority shall dwell upon the petitioner's pending application, if not already decided, and pass an order in accordance with law keeping in mind the facts of the case, the provisions contained in Section 63 of the Act and the order passed by this Court dated 15/12/2008 (supra) within six weeks therefrom.
It is made clear that this Court has not expressed any opinion on the merits of the case.
(Rohit Arya) Judge Arun*