Patna High Court

Air India LtdversusThe Union of India

Decided: 28 April 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The High Court directed the Presiding Officer of the Industrial Tribunal‑cum‑Labour Court to consider and dispose of the pending restoration application within eight weeks, and disposed of the writ petition.

Summary

Air India Ltd filed a writ petition seeking a direction to the Presiding Officer of the Industrial Tribunal‑cum‑Labour Court, Patna, to dispose of its application for restoration of an award dated 26‑07‑2023, which had remained pending. The petitioner argued that the authority had not yet ruled on the application and requested a time‑bound order. The Court, without examining the merits of the restoration application, directed the Tribunal to consider the application on its merits and pass an appropriate order within eight weeks, ensuring notice and a hearing to both parties. The Court emphasized that any order must be communicated to the parties. Consequently, the writ petition was disposed of.

Issues considered

What authority does a High Court have to direct an industrial tribunal to dispose of a pending application within a specified time frame?

Subjects

Writ petition
Industrial Tribunal
Labour Court
Award restoration
Delay in disposal
Direction to tribunal
Labour law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.6298 of 2026
                 ======================================================
                 Air India Ltd through its authorised Representative Mr. Alhad Narasinh
                 Kulkarni, Managing Counsel, Block 4, Vatika, One on One, IDC, Industrial
                 Development Area, Sector 16, Gurugram 122007.
                                                                           ... ... Petitioner/s
                                                   Versus
           1.     The Union of India through its Secretary, Government of India, Ministry of
                  Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi.
           2.    The Secretary, Government of India, Ministry of Labour and Employment,
                 Shram Shakti Bhawan, Rafi Marg, New Delhi.
           3.    The Deputy Director, Government of India, Ministry of Labour and
                 Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi.
           4.    The Presiding officer, Industrial Tribunal-cum-Labor Court, Patna.
           5.    The Assistant Labour Commissioner (C), Patna, Government of India,
                 Ministry of Labour, Office of Regional Labour Commissioner (C), Patna.
           6.     Mandeo Rai, son of Late Satandeo Rai, Resident of Parivahan Bhawan, P.S -
                  Kotwali, P.O- GPO, Patna-800001.
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Akash Deep, Advocate.
                                               Mr. Yash Mathur, Advocate.
                                               Mr. Kirti Mathur, Advocate.
                                               Mr. Shyameshwar Kumar Singh, Advocate.
                                               Mr. Mishka Paswan, Advocate.
                 For the Respondent/s   :      Mr. Additional Solicitor General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   28-04-2026                   Learned counsel appearing on behalf of the petitioner

                   submits that the petitioner has filed an application bearing Misc.

                   Restoration Case No. 1 (C) of 2025 (Annexure-P/10B) seeking

                   recall of the award dated 26.07.2023 passed in Reference Case

                   No. 11 (C) of 2009 (Annexure-P/8) and the authority has not yet

                   passed the order on the same. Learned counsel for the petitioner
           Patna High Court CWJC No.6298 of 2026(2) dt.28-04-2026
                                                       2/2




                     only seeks a direction from this Hon’ble Court to direct the

                     respondent-authority to dispose of the said application by fixing

                     a time frame.

                                 2. Having regard to the same, without going into the

                     merits or demerits of the case, the present writ petition is

                     disposed of directing the Presiding Officer, Industrial Tribunal-

                     cum-Labour Court, Patna i.e. Respondent No. 4 herein to

                     consider the said application bearing Misc. Restoration Case

                     No. 1 (C) of 2025 (Annexure-P/10B) made by the petitioner on

                     its own merits and pass appropriate order as expeditiously as

                     possible preferably within a period of 8 weeks from the date of

                     the receipt of the copy of this order. It is needless to mention

                     that before passing any order the petitioner as well as the private

                     respondent shall be put on notice and given an opportunity of

                     hearing. Any order passed shall be communicated to the party.

                                 3. With the above directions, the present Writ Petition

                     stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U

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