Allahabad High Court
M/S Flex Engineering Ltd. vs State Of U.P. Thru Labour Secy. And ... on 20 November, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- WRIT - C No. - 40159 of 2002 Petitioner :- M/S Flex Engineering Ltd. Respondent :- State Of U.P. Thru Labour Secy. And Others Counsel for Petitioner :- Shakti Swarup Nigam Counsel for Respondent :- C.S.C. Connected with Case :- WRIT - C No. - 43683 of 2002 Petitioner :- M/S. Flex Industries Ltd. Respondent :- Dy. Labour Commissioner And Others Counsel for Petitioner :- Shakti Swarup Nigam Counsel for Respondent :- C.S.C Case :- WRIT - C No. - 43684 of 2002 Petitioner :- M/S. Flex Industries Ltd. Respondent :- Dy. Labour Commissioner And Others Counsel for Petitioner :- Shakti Swarup Nigam Counsel for Respondent :- C.S.C and Case :- WRIT - C No. - 47253 of 2002 Petitioner :- M/S Flex Engineering Ltd. Respondent :- Labour Court-Ii U.P. And Others Counsel for Petitioner :- Shakti Swarup Nigam Counsel for Respondent :- C.S.C. Hon'ble J.J. Munir,J.
Mr. Shakti Swarup Nigam, learned Senior Advocate, assisted by Sri A.K. Srivastava, learned counsel appearing for the petitioner, states that Civil Misc. Writ Petition No. 4670 of 2002, involving the same controversy and the same point, has been allowed by this Court vide judgment and order dated 10.02.2005. It is pointed out that two other writ petitions, being Writ - C No. 13157 of 2002 and 13151 of 2002, both involving the same point, have been disposed of in terms of the order dated 10.02.2005 passed in Civil Misc. Writ Petition No. 4670 of 2002.
The point appears to be that when the reference under Section 4K involved in this petition was made by the Deputy Labour Commission, Gautam Buddh Nagar, to the Labour Court, Ghaziabad, there was no notification issued by the State Government conferring or extending the territorial jurisdiction to the Labour Court, Ghaziabad over the Gautam Buddh Nagar areas. The learned Standing Counsel does not dispute this position and fairly accepts that the controversy involved is covered by the decision in Civil Misc. Writ Petition No. 4670 of 2002, decided on 10.02.2005.
Accordingly, these petitions are disposed of in terms of the order dated 10.02.2005 passed in Civil Misc. Writ Petition No. 4670 of 2002 (M/s Flex Industries Ltd. through its D.G.M. (P.A.R.S. and H.R.D.) v. Labour Court II Ghaziabad and Others).
Order Date :- 20.11.2020 I. Batabyal