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Allahabad High Court

KAMAL KUMARversusASSISTANT LABOUR COMMISSIONER FIROZABAD AND ANOTHER

Decided

Holding

The Court directed the Assistant Labour Commissioner/Competent Authority to decide the execution application within two months, thereby ordering expeditious execution of the award.

Summary

The petitioner, a workman, sought a writ for the expeditious execution of a labour award dated 13‑11‑2013, which had become final up to the Supreme Court. The award was published on 01‑05‑2014 in Adjudication Case No. 13 of 2013, and the petitioner had filed an execution application before the Assistant Labour Commissioner, but no final decision had been rendered despite a notice to the Municipal Commissioner, Nagar Nigam, Firozabad. The respondent, the Assistant Labour Commissioner, raised no objection to a direction for speedy disposal, and the Municipal Commissioner also expressed no objection. The High Court, finding no merit issue to be decided, ordered the Additional Labour Commissioner/Competent Authority to decide the execution application within two months of the certified copy of the order, and expected full cooperation from the Municipal Commissioner. The writ petition was consequently disposed of without a substantive merits ruling.

Issues considered

  • Whether the High Court should direct the Assistant Labour Commissioner to expedite the execution of a final labour award.

Subjects

  • writ petition
  • execution of award
  • labour law
  • industrial dispute
  • Assistant Labour Commissioner
  • Municipal Commissioner
  • expeditious disposal

Judgment

              HIGH COURT OF JUDICATURE AT ALLAHABAD

                            WRIT - A No. - 16071 of 2026

Kamal Kumar
                                                                   .....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 13.11.2013, published on 01.05.2014, passed in
Adjudication Case No. 13 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 13.11.2013, published on 01.05.2014, passed in Adjudication Case No.
13 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. 16071 of 2026
                                                                   2


                                    dated 13.11.2013, published on 01.05.2014, passed in Adjudication Case No.
                                    13 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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