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Union Of India And Ors. v. Khem Chandra And Ors. - WRIT - C No. 19244 of 1985  RD-AH 82 (2 January 2007)
Civil Misc. Writ Petition No.19244 of 1985
Union of India and others vs. Shri Khem Chand and another
Heard learned counsel for the petitioner. Inspite of sufficient serive or legal representatives of respondent no.1 no one has appeared on their behalf.
This writ petition is directed against order dated 10.5.1985 passed by Presiding Officer, Central Government, Labour Court, Kanpur in L.C.A. No.305 of 1984 under Section 33-C (2) of Industrial Disputes Act. Through the impugned award petitioners have been directed to pay Rs.4881.92 as unpaid dues to their employee Khem Chandra original respondent no.1. In the impugned order the claim of the workman for the said amount has been adjudicated. This is not the scope of proceedings under Section 33-C (2) of the Act in view of Supreme Court authority reported in (A.I.R. 2006 S.C.1784) Union of India vs. Kankuben and another. Moreover the workman had retired in the year 1965 and he filed application in the year 1984 that is after more than 19 years. There was absolutely no explanation to file the application so late. Petitioner before the Labour court contended that the record had also been weeded out after a certain period in accordance with relevant rules, practice and procedure.
Accordingly, I find that the impugned award is patently erroneous in law and is liable to be set aside. Writ petition is allowed. Impugned order is quashed.
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