1999 (2) TMI 714 - HC - Indian Laws

Appeal seeking award implementation under U.P. Industrial Disputes Act dismissed as not maintainable

The court concluded that the appeal seeking implementation of an award under Section 14A of the U.P. Industrial Disputes Act fell within the prohibited ... - Issues:Appeal maintainability under Chapter VIII, Rule 5 of Allahabad High Court Rules.Analysis:The judgment dealt with the maintainability of an appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules. The preliminary objection raised was that the appeal was not maintainable under Chapter VIII, Rule 5 as the relief sought in the writ petition pertained to an award passed by the labor court. The appellant argued that the petition was not challenging the award but seeking the State Government to lodge a complaint for non-implementation of the award by the respondent. The appellant contended that the relief sought was related to the statutory duty of the authorities under Section 14A read with Section 16 of the U.P. Industrial Disputes Act, 1947, and not directly challenging the award itself.The court analyzed the contentions and observed that the relief sought under Section 14A of the Act was essentially related to the implementation of the award. The court highlighted that an order passed in a writ petition under Article 226 of the Constitution seeking implementation of an award falls within the jurisdiction conferred by Article 226 in respect of an award of a tribunal. The court further explained that the phrase 'in respect of' in Rule 5 of the High Court Rules encompasses actions related to, concerning, or arising out of the award, including steps taken for implementation. The court clarified that the implementation of an award includes actions under Section 14A read with Section 16, which are in relation to the award itself.Moreover, the court emphasized that the term 'Tribunal' refers to a body or authority invested with judicial power to adjudicate on legal or factual matters affecting parties in a judicial manner. The court cited the principle established in previous cases to define a tribunal or labor court under the U.P. Industrial Disputes Act. Additionally, the court reiterated that the right of appeal is statutory and not inherent, emphasizing that the appeal must align with the characteristics specified in the statute to be considered appealable.Ultimately, the court concluded that the appeal seeking implementation of an award fell within the prohibited zone under Chapter VIII, Rule 5 of the Allahabad High Court Rules. As a result, the court held that the appeal was not maintainable and dismissed it, with no order as to costs.