DELTA Power Solutions India Private Limited v. State of Uttarakhand
2016-10-04
V.K.BIST
body2016
DigiLaw.ai
JUDGMENT : V.K. Bist J. Present petition has been filed by the petitioner directing the Labour Commissioner, Haldwani i.e. respondent no.2 to decide the representations dated 24.08.2016 and 27.08.2016 (Annexure No.10 & 11) and refer the matter to the concerned Labour Court for declaring the strike resorted by the workmen of the petitioner company illegal as per law. 2. M/s DELTA Power Solutions (India) Private Limited (petitioner) is a Multinational Company, which is duly registered under the Companies Act and having its registered office cum factory. Petitioner’s company is involved in assembly & manufacturing of Power Electronics Products. 3. It is the case of the petitioner that on 01.08.2016 petitioner-company terminated four of its employees. After their termination on 01.08.2016 some of the employees, namely, Mohan Singh Bisht, Rajendra Singh, Tara Singh Jina, Dharmanand Kandpal and Vidya Sagar Rai along with other co-workers came to the company on 02.08.2016 and started to instigate the fellow workers with the intention to disturb the production, peace and further to stop the production by giving threat to all the fellow working employees. It is further contention of learned counsel for the petitioner that after termination of four employees, the employees went on strike on 19.08.2016. The matter is fixed for conciliation. Thereafter the matter was closed by the Conciliation Officer on 21.09.2016. He referred the matter to Deputy Labour Commissioner. It is submitted that in spite of this fact, strike is still going on. It is the contention of learned counsel for the petitioner that the petitioner made representation to the Labour Commissioner, Haldwani on 24.08.2016 and 27.08.2016 to decide the same but nothing has done. It is the further contention of learned counsel for the petitioner that due to illegal strike of the respondents the work is suffered. 4. Heard learned counsel for the petitioner and learned Chief Standing Counsel for the State. 5. Learned counsel for the petitioner requested that direction be issued to the Labour Commissioner, Haldwani to take decision on the representation of the petitioner. Learned Chief Standing Counsel also submitted that Labour Commissioner, Haldwani will take decision on the representation of the petitioner in accordance with law. 6.
5. Learned counsel for the petitioner requested that direction be issued to the Labour Commissioner, Haldwani to take decision on the representation of the petitioner. Learned Chief Standing Counsel also submitted that Labour Commissioner, Haldwani will take decision on the representation of the petitioner in accordance with law. 6. Considering the submissions of learned counsel for the parties, I dispose of the writ petition by directing Labour Commissioner, Haldwani to take decision on the representations of the petitioner within a period of two weeks from the date of production of certified copy of this order. 7. Let a certified copy of this order be issued within 24 hours.