Section 9A objection under the Industrial Disputes Act required fresh NCLT consideration of the petitioner's claim.

The NCLT order was set aside because the respondent's objection based on Section 9A of the Industrial Disputes Act, 1947 could materially affect the payments claimed by the petitioner and had to be considered as a defence. The Section 9 application was remitted to the NCLT for fresh consideration after hearing the respondent's objections. The document highlights that objections under Section 9A may bear directly on the substantive relief sought and cannot be ignored when they are raised before the tribunal.

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Issues: Whether the order of the NCLT was liable to be set aside and the Section 9 application remitted for fresh consideration in view of the objection based on Section 9A of the Industrial Disputes Act, 1947.

Analysis: The proceeding turned on the respondent's assertion that issues relatable to Section 9A of the Industrial Disputes Act, 1947 could materially affect the ultimate payments due to the petitioner and could be raised as a defence before the NCLT. In that backdrop, the existing NCLT order was not allowed to stand, and the matter was directed to be considered afresh after hearing the respondent's objections.

Conclusion: The NCLT order was set aside and the petitioner's Section 9 application was remitted to the NCLT for fresh decision after considering the respondent's objections.

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