Allahabad High Court
Smt. Sanyogita vs Deputy Labour Commissioner And Another on 4 January, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - C No. - 13964 of 2020 Petitioner :- Smt. Sanyogita Respondent :- Deputy Labour Commissioner And Another Counsel for Petitioner :- Shailesh Kumar Shukla Counsel for Respondent :- C.S.C.,Diptiman Singh Hon'ble Mahesh Chandra Tripathi,J.
(Civil Misc. Recall Application No.3 of 2020 filed on behalf of Triveni Engineering & Industries Limited/respondent no.2).
This application has been filed for recalling the judgement and order dated 17.9.2020 by which the writ petition was disposed of finally, asking the first respondent/Deputy Labour Commissioner, Saharanpur to decide the application dated 14.2.2019 moved by the petitioner for implementation of award passed in Adjudication Case No.325 of 1999 (Ajab Singh v. Gangeshwar Ltd. Deoband) within three months from the date of production of copy of this order, after affording opportunity of hearing to all the stake holders, specially the contesting respondent, if there is no other legal impediment in this regard.
Heard Shri Diptiman Singh, learned counsel for the respondent no.2 and Shri Shailesh Kumar Shukla, learned counsel for the petitioner.
While pressing the recall application, Shri Diptiman Singh, learned counsel for the respondent no.2 submits that earlier the respondent no.2 approached to this Court by preferring Writ C No.6402 of 2002 (M/s Gangeshwar Ltd. Saharanpur vs. State of UP and others) assailing the award of the Labour Court, Dehradun dated 31.10.2001 passed in Adjudication Case No.325 of 1999. The aforesaid writ petition was dismissed by this Court on 31.5.2017. Thereafter, the respondent no.2 preferred Special Leave Petition No.21938 of 2017 before Hon'ble Supreme Court and the same was disposed of on 01.9.2017, giving liberty to the petitioner to approach this Court by way of review petition. In response of the leave accorded by Hon'ble Apex Court the review application alongwith delay condonation application was filed after serving copy of the same to the counsel for the petitioner on 13.10.2017. While passing theorder dated 17.9.2020 the statement made by learned counsel for the petitioner to the effect, that to the best of his knowledge till date no review application has been filed inspite of leave accorded by Hon'ble Apex Court nor he has been served any notice in this regard, had been accepted by this Court and the writ petition was disposed of on 17.9.2020, whereas contrarily the review application has been filed in the registry way back on 13.10.2017, much prior to the passing of the aforesaid order. He further makes submission that the review application was filed after due service of the same on the counsel for the petitioner and deliberately the false statement was made by the counsel for the petitioner. The request has been made for recalling the order dated 17.9.2020, otherwise the respondent no.2/applicant would suffer irreparable loss and injury.
On the other hand, the modification application has also been pressed by learned counsel for the petitioner. He fairly submits that at no point of time any concealment of material fact has been made and for the best of his knowledge the same could not be brought into his notice. Therefore, the said statement has come on record.
I have perused the grounds taken in the review application in question and the order dated 17.9.2020 passed by this Court. Now, the parties are with the agreement that the matter is to be heard on the merits of the case, in case the order dated 17.9.2020 is recalled.
It is admitted situation that as per leave accorded by Hon'ble Apex Court the review application was filed way back on 13.10.2017 after serving copy of the same on the learned counsel for the petitioner and the same is pending consideration.
In the aforesaid facts and circumstances, the recall application is allowed and the order dated 17.9.2020 is recalled. The writ petition is restored to its original number.
List this matter before appropriate Court, if possible, in third week of January, 2021.
Order Date :- 4.1.2021 RKP