Allahabad High Court
SATISH GOLAversusASSISTANT LABOUR COMMISSIONER FIROZABAD AND ANOTHER
- Decided
- Bench
- DINESH PATHAK
Holding
The Court directed the competent authority to decide the execution application expeditiously, within two months, without expressing any opinion on the merits of the award.
Summary
The petitioner, a workman, obtained a labour award on 7 October 2013 (published 31 May 2014) in Adjudication Case No. 23 of 2013, which has become final up to the Supreme Court. He filed a writ petition seeking the expeditious execution of that award, alleging that the Assistant Labour Commissioner had issued a notice to the Municipal Commissioner of Nagar Nigam, Firozabad, but had not taken any final decision. The Municipal Commissioner expressed no objection to a direction for speedy disposal of the execution application. The High Court, noting that further delay would serve no useful purpose, ordered the Additional Labour Commissioner/competent authority to decide the execution application within two months of production of the certified copy of the order, without expressing any view on the merits. The Court also directed full cooperation from the Municipal Commissioner and disposed of the writ petition.
Issues considered
- What procedural steps are required for the execution of a final labour award under the Industrial Disputes Act?
- Whether the High Court can issue a direction for expeditious disposal of the execution application without adjudicating the merits of the award.
Subjects
- labour award execution
- Industrial Disputes Act
- writ petition
- expeditious disposal
- Assistant Labour Commissioner
- Municipal Commissioner
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16044 of 2026
Satish Gola
.....Petitioner(s)
Versus
Assistant Labour Commissioner Firozabad And Another
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Singh
Counsel for Respondent(s) : Abhinava Krishna Srivastava, C.S.C.
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner; Sri Abhinava Krishna
Srivastava, learned counsel for respondent no. 2; and learned Standing
Counsel appearing for State respondent no. 1.
2. The instant writ petition has been filed seeking expeditious execution of
the award dated 07.10.2013, published on 31.05.2014, passed in
Adjudication Case No. 23 of 2013.
3. It is submitted that the aforesaid award has attained finality up to the
Hon'ble Supreme Court. Pursuant to the aforesaid award, the petitioner
(workman) moved an appropriate application before the Assistant Labour
Commissioner for execution thereof. However, till date, no final decision
has been taken, despite notice having been issued by the Assistant Labour
Commissioner to the Municipal Commissioner, Nagar Nigam, Firozabad.
4. Learned counsel appearing for Nagar Nigam, Firozabad, submits that he
has no objection to issuance of a direction for expeditious disposal of the
execution application moved by the petitioner for execution of the award
dated 07.10.2013, published on 31.05.2014, passed in Adjudication Case No.
23 of 2013.
5. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending. Accordingly, this Court deems it appropriate to
finally dispose of the present writ petition, without expressing any opinion
on the merits of the case, with a direction to the concerned Additional
Labour Commissioner/Competent Authority to consider and decide the
execution application moved by the petitioner for execution of the award
WRIA No. 16044 of 2026
2
dated 07.10.2013, published on 31.05.2014, passed in Adjudication Case No.
23 of 2013, in accordance with law, expeditiously, preferably within a period
of two months from the date of production of a certified copy of this order.
6. It is, however, expected that the Municipal Commissioner, Nagar Nigam,
Firozabad, shall fully cooperate in the execution proceedings without fail.
7. With the aforesaid directions and observations, the writ petition stands
disposed of.
October 1, 2026
vkg
(Dinesh Pathak,J.)
Digitally signed by :-
VINOD KUMAR GOSWAMI
High Court of Judicature at Allahabad
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