Himachal Pradesh High Court
Ms. Vardhman Spinning Mills vs Lal Babu Gupta & Another on 30 October, 2019
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.665 of 2018
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Decided on: 30.10.2019
Ms. Vardhman Spinning Mills ...Petitioner.
Versus
Lal Babu Gupta & another ...Respondents.
Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting? No
For the petitioner: Mr. Ramakant Sharma, Senior
Advocate, with Ms. Devyani Sharma,
r Advocate.
For the respondents: Mr. Rakesh Manta, Advocate, for
respondent No.1.
None for respondent No.2.
Ajay Mohan Goel, Judge. (Oral)
By way of this petition, petitioner has payed for the following relief: "It is, therefore, most respectfully prayed that the writ petition may kindly be allowed with costs throughout and after summoning the record and granting an opportunity of hearing, a writ of certiorari or any other appropriate writ, order or direction may be issued quashing the claim petition Annexure P9 titled as Lal Babu Gupta Versus M/S Vardhman Spinning Mills pending before the learned Labour Court, Shimla and all ::: Downloaded on - 31/10/2019 20:24:23 :::HCHP 2 consequential proceedings therein being not maintainable".
.
2. Brief facts necessary for the adjudication of the present petition are that vide Annexure P3 i.e. communication dated 05.09.2016, petitioner/employer ordered termination of the witnesses of respondent No.1 herein on the ground that he stood physically incapacitated to perform his duties.
3. Feeling aggrieved, respondent No.1/ workman (hereinafter to be referred as 'workman') filed an application under Section 75 read with Sections 76 and 77 of the Employees State Insurance Act, 1948 before the Statutory Tribunal. An application was also filed, praying for interim relief and vide order dated 18.01.2017, the Court of learned Presiding Judge, Employees State Insurance Court, Shimla, H.P. confirmed the interim relief granted to the workman on 02.09.2016, by restraining the present petitioner from dismissing the services of the workman during the pendency of the petition. The application filed under Employees State ::: Downloaded on - 31/10/2019 20:24:23 :::HCHP 3 Insurance Act was allowed in favour of workman by the learned Court vide order dated 04.09.2017 (Annexure P6).
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4. During the pendency of the said proceedings under the Insurance Act, an application was filed by the workman for framing of an additional issue for adjudication with regard to correctness of the act of the employer of dispensing with his services. This application was dismissed by the learned Court by holding that it was not within the jurisdiction of the said Court to adjudicate the issue and the workman was at liberty to invoke the jurisdiction of the Industrial Tribunal.
5. Thereafter, the workman invoked the jurisdiction of the learned Tribunal i.e. the Tribunal under the Industrial Disputes Act, under Section 2 (A) thereof vide Annexure P9. In the said petition, workman prayed for the following reliefs: "In view of the facts/ circumstances mentioned above and in the interest of justice, it is most humbly prayed that the respondent may be restrained not to alter, discharge or terminate the services of the petitioner pending ::: Downloaded on - 31/10/2019 20:24:23 :::HCHP 4 Industrial Dispute. Consequent thereto, the termination letter dated 05092016 bearing No.V.S.M./I.R.2016/159 reference whereof is .
given in Annexure P9 may be declared illegal, null & void as such be quashed & set aside. Further, the respondent may be ordered to release the legitimate dues of petitioner such as bonus w.e.f. April, 2015, increment, promotional benefits including hike in salary etc. alongwith all consequential relief. In addition thereto, the petitioner may be allotted accommodation of two room set as was earlier allotted to him".
6. It its reply filed to the said petition, present petitioner inter alia took an objection with regard to the maintainability of the said petition inter alia on the ground that as the workman happened to be in job, therefore, application so filed under Section 2 (A) of the Industrial disputes Act was not maintainable. This petition has also been filed by the present petitioner for quashing of Annexure P8, on this ground alone that the petition which stands filed by the workman under Section 2 (A) of the Industrial Disputes Act is not maintainable as Section 2 (A) of the Industrial Disputes Act cannot be invoked by the workman who is still in job.
::: Downloaded on - 31/10/2019 20:24:23 :::HCHP 57. During the course of arguments, learned Senior Counsel appearing for the petitioner, on instructions, .
submits that indeed the proceedings initiated by the workman under Section 2 (A) of the Industrial Disputes Act otherwise also have been rendered infructuous for the reasons that the order of termination dated 05.09.016 has
8. to subsequently been withdrawn by the employer.
At this stage, learned counsel for respondent No.1 submits that this was only an interim arrangement made by the employer during the pendency of the proceedings and the respondent apprehends that immediately after closure of the present petition, his services will be arbitraly dispensed with by the petitioner.
9. Learned Senior Counsel appearing for the petitioner submits that, that it shall not be so and the services of the workman shall not be dispensed with except in accordance with law.
10. In view of the statement so made by learned Senior Counsel for the petitioner, this petition is disposed of ::: Downloaded on - 31/10/2019 20:24:23 :::HCHP 6 by closing the proceedings which stood initiated by the workman under Section 2 (A) of the Industrial Disputes Act, .
but with the direction that services of respondent No.1 shall not be terminated except in accordance with law. The closure of the proceedings under Section 2 (A) of the Industrial Disputes Act will not come in the way of the workman for invoking the provisions of Industrial Disputes Act or any other statutes for redressal of his grievance, against the petitioner.
11. Either of the party are at liberty to bring into the notice of the learned Tribunal the order which has been passed by this Court today so that proceedings initiated under Section 2 (A) of the Industrial Disputes Act can be formally closed.
12. Pending miscellaneous applications, if any, stand disposed of. Interim order, if any, also stands vacated.
Copy dasti.
(Ajay Mohan Goel) Judge October 30, 2019 ( rishi ) ::: Downloaded on - 31/10/2019 20:24:23 :::HCHP