U.P. State Sugar and Cane Development Corporation Ltd. and Anr v. Jagmohan Tiwari and Anr

Court No. - 8 Case :- WRIT - C No. - 1002683 of 2012 Petitioner :- U.P. State Sugar And Cane Development Corporation Ltd. And Anr. Respondent :- Jagmohan Tiwari And Anr. Counsel for Petitioner :- Prakash Kumar Sinha Counsel for Respondent :- C.S.C., Mamta Pandey, Saima Khan Hon'ble Pankaj Bhatia,J.

¶1Heard the counsel for the petitioner.

¶2The substitution application has been filed on account of the death of the respondent no.1.

¶3I have proceeded to hear the matter as the matter is very old one.

¶4The award under challenge is an award under section 33-C(2) of the Industrial Disputes Act.

¶5The sole submission of the counsel for the petitioner is that the application for execution of the award in favour of respondent no.1 was filed beyond the prescribed period of limitation.

¶6From the entire award, it is clear that no such ground was urged or argued before the Tribunal.

¶7It is well settled that the issue of limitation is a mixed question of fact and law and has to be agitated, pleaded and established, which has not been done, although the said ground has been taken in the writ petition.

¶8The writ petition being in the nature of supervisory jurisdiction cannot permit the petitioner to agitate a new fact which was neither pleaded nor argued before the Tribunal, which led to the passing of the impugned award. Thus, on that question alone, no interference is called for.

¶9The writ petition is dismissed. Order Date :- 14.12.2023 VNP/- High Court of Judicature at Allahabad, Lucknow Bench