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High Court of Punjab and HaryanaCR/3835/2015disposed of

M/S Writer Corporation v. Prabhasini Panigrahi

2015-05-29Mr. Justice Krishna Murari2 pages

CR-3835-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-3835-2015 (O&M).

Decided on: May 29, 2015.

M/s Writer Corporation ..... Petitioner(s)

Versus

Prabhasini Panigrahi ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Ashok Tyagi, Advocate, for the petitioner.

M.M.S. BEDI, J (ORAL).

Vide impugned order dated 7.5.2015, costs of Rs.30,000/- has been imposed by the Presiding Officer of the Labour Court while dismissing the application for interim relief. It is further submitted that the heavy costs imposed upon the petitioner is unreasonable.

I have heard the learned counsel for the petitioner. I am of the opinion that the order dated 7.5.2015, do not warrant any interference being a discretionary order imposing costs of Rs.30,000/- to be plaid to the Workman. The rights of the party to move a misc. application cannot be discouraged by imposing heavy costs. Misc. application filed by a party may ultimately be dismissed but the quantum of costs has to be reasonable. It is held that the costs imposed in the present situation is slightly on excessive side RAJ KUMAR ARORA 2015.05.29 17:00 I attest to the accuracy and integrity of this document

CR-3835-2015 (O&M) but in the exercise of powers under Article 227 of the Constitution of India, I am not inclined to interfere in the impugned order. It is also submitted that the Presiding Officer has wrongly allowed the Advocate for the Management and Authorised Representative of the Workman to put in appearance. There is no absolute bar for the Presiding Officer to enable the parties to take the assistance of a person well versed with law and Authorised Representative of a party to assist the Presiding Officer of the Labour Court.

It is ordered that in case the parties file another application for permitting the Authorised Representative or a person well versed with the provisions of law to assist, the same will be allowed in the interest of justice.

Disposed of.

(M.M.S. BEDI) May 29, 2015.

JUDGE rka RAJ KUMAR ARORA 2015.05.29 17:00 I attest to the accuracy and integrity of this document