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1999 (2) TMI 714

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..... vided in Chapter VIII, Rule 5 of the Allahabad High Court Rules, such appeal is not maintainable against an order of a single Judge passed in exercise of jurisdiction conferred by Article 226 of the Constitution of India in respect of an award passed by the tribunal. 2. Mr. B. N. Singh, learned counsel for the appellant, however, pointed out that it was not an award which was challenged in the writ petition. He pointed out that it was the duty of the State Government to lodge appropriate complaint for non-implementation of an award by the respondent who is bound by the award. According to him, as contemplated in Section 14A of the U. P. Industrial Disputes Act, 1947, cognizance can only be taken in terms of Section 16 of the said Act o .....

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..... hrough Section 14A of the U. P. Industrial Disputes Act. 1947, is the principal relief that has been sought for. An award passed by the Labour Court or the Industrial Tribunal is capable of being executed. U. P. Industrial Disputes Act in Section 14A provides that in case of non-implementation of the award by the employer, the employee may seek compensation while providing for penal action in addition. Such penal action, however, can be taken against an employer in the mode provided in Section 16 of the said Act. 5. Thus, the relief sought for under Section 14A of the said Act is in effect a relief relating to the implementation of the award. An order passed in a writ petition under Article 226 of the Constitution seeking implementatio .....

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..... diction under Section 14A read with Section 16 of the Act. Thus, the steps to be taken under Section 14A read with Section 16 is in respect of the award, the implementation of which is sought for. Anything to be done or any order to be passed in relation to the implementation of an award is in effect an order in respect of an award of a Tribunal. 8. The word Tribunal has not been defined in the Rules, but now it is a principle of taw that a tribunal is a body or an authority invested with judicial power to adjudicate on questions of law or Fact affecting the rights of the parties in a judicial manner. It is so held in the case of Sudershan Singh Bedi v. Additional District Magistrate 1993 (1) AWC 916 . A tribunal or a labour court cons .....

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