Uttarakhand High Court
Roorkee Cement Works vs Ashish Kumar Tyagi on 22 April, 2022
Bench: Sanjaya Kumar Mishra, Ramesh Chandra Khulbe
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Special Appeal No. 68 of 2022
Roorkee Cement Works. .................Appellant.
-Versus-
Ashish Kumar Tyagi
and others. .........Respondents.
Present:
Shri I.P. Kohli, learned counsel for the appellant.
Date of hearing and judgment: April 22, 2022
Coram:
Sri Sanjaya Kumar Mishra, ACJ.
Sri Ramesh Chandra Khulbe, J.
Upon hearing the learned counsel for the appellant, the Court passed following Judgment (Per : Sri Sanjaya Kumar Mishra, ACJ)
1. This special appeal has been filed by the Ultratech Cement, a private limited company, against the order dated 31.03.2022 passed by learned Single Judge in Writ Petition No. 509 of 2022 whereby the learned Single Judge issued notices to the respondents and also stayed the order of termination of the petitioners - respondents, herein, issued by the Management, as it is in violation of Section 33 (1) (b) of the Industrial Disputes Act.
2. The interim order has been passed mainly on the ground that conciliation proceedings are pending. However, the letter dated 22.03.2021 shows that the Regional Labour Commissioner, Dehradun has observed that the matter could not be settled and the case ended as failure of conciliation.
23. It is contended by the learned counsel for the appellant that respondents, herein, while moving their application before the learned Single Judge had deliberately suppressed this letter issued by the Regional Labour Commissioner, Dehradun. Hence, order passed by the learned Single Judge should be stayed.
4. We are of the opinion that instead of admitting the appeal and staying the matter, we should request the learned Single Judge to reconsider the matter in the light of observations made above in the case, especially with reference to letter dated 22.03.2021.
5. In that view of the matter, the special appeal is disposed of giving liberty to the appellant to move appropriate application before the learned Single Judge in WPSS No. 509 of 2022 to reconsider the question of stay and to pass appropriate order, after affording reasonable opportunity of hearing to the appellant and respondents, who are petitioners before the learned Single Judge.
(Ramesh Chandra Khulbe, J.) (Sanjaya Kumar Mishra) Acting Chief Justice.
SKS