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Uttaranchal Court March 2002 Judgments

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Mar 14 2002

State of U.P. Vs. Presiding Officer, Labour Court and ors.

Court: Uttaranchal

Decided on: Mar-14-2002

Reported in: [2004(101)FLR1236]; (2002)IIILLJ207UC

P.C. Verma, J.1. This writ petition has been filed by the petitioner State of Uttar Pradesh against the order dated July 21, 1999 passed by respondent No. 1, by which the application for setting aside the ex-parte award dated September 30, 1998 and to restore the case and with a further prayer to accept the written statement of the State and then after considering the facts stated in the written statement to decide the case on merit was rejected.2. The award was made on September 30, 1998 and was finally published on March 12, 1999. The application was moved on June 9, 1999. The learned counsel for the petitioner submits that in the application which was supported by an affidavit delay was explainedfor restoration of the case. The Labour Court without considering the explanation of the petitioner rejected the application on the ground that it was moved beyond thirty days. Therefore, the order is liable to be set aside.3. The learned counsel for the respondent No. 2 submits that for set...


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