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2005 DIGILAW 290 (SC)

State Of Haryana v. DEVINDER KUMAR

2005-02-14

D.M.DHARMADHIKARI, H.K.SEMA

body2005
ORDER 1. Leave granted. 2. The Labour Court has passed an award of reinstatement of the respondent workman which is under challenge at the instance of the employer before the High Court in CWP No. 10147 of 2001. 3. During pendency of that writ petition, second writ petition was filed by the respondent workman claiming relief of regularisation of his service and that relief has been granted by the High Court by the impugned judgment. Learned counsel appearing for the employer in this appeal rightly contends that so long as the award of reinstatement was under challenge before the High Court and the operation of which stands stayed, the respondent workman could not have been granted the relief of regularisation of his service. 4. We have heard learned counsel appearing for the respondent workman who could not dispute the above fact. 5. In the aforesaid circumstances, we set aside the impugned order of the High Court and remand Civil Writ Petition No. 15305 of 2002 for its disposal jointly with CWP No. 10147 of 2001 which is pending at the instance of the employer against the award of reinstatement. The matter being old, the High Court will make effort to decide it at the earliest. 6. The appeal is allowed accordingly.