AI Structured Summary
Not yet generated for this judgment
Judgment
Sushrut Arvind Dharmadhikari, J
The present writ petition has been filed under Article 226 of the Constitution of India by the employer, Municipal Corporation, Jabalpur, challenging the order dated 11.10.2013 passed in the case of 14/IDR/2011 by the Labour Court, Jabalpur whereby the application filed by the respondent for reinstatement in service has been allowed on the ground that he has been illegally disengaged from service.
Being aggrieved, the petitioner filed this petition. Initially vide order dated 23.04.2015, this Court had issued notice and stayed the award dated 11.10.2013 subject to compliance of Section 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). Thereafter, on various occasions, the petitioners were granted time to comply with the provisions of the Act and to file the compliance report.
Since, there was no compliance, vide order dated 18.01.2022, the interim order granted on 23.04.2015 stood vacated and thereafter, the respondents were granted liberty to execute the award passed in favour in accordance with law. Till today, the compliance of Section 17-B of the Act has not been made by the petitioner. According to the aforesaid, the petition is maintainable subject to compliance of Section 17-B of the Act. Since, there is no compliance on behalf of the petitioner, this petition is not maintainable.
Accordingly, the same is dismissed as not maintainable.