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2017 DIGILAW 936 (SC)

U. P. JAL VIDYUT NIGAM LTD. v. TAHIR HASAN

2017-06-22

D.Y.CHANDRACHUD, SANJAY KISHAN KAUL

body2017
ORDER 1. In a reference to the Labour Court under Section 4K of the U.P. Industrial Disputes Act, 1947, an award was passed on 29 May 1997 directing reinstatement with full back-wages. A writ petition [bearing No.1656(M/S) of 2008] was filed before the High Court of Uttarakhand at Nainital to challenge the order of the Labour Court. The High Court in the course of its judgment dated 9 November 2009 set out the rival cases, submissions and the findings of the Labour Court and dismissed the writ petition with the following observations: “After hearing learned counsel for the parties and perusing the entire material available on record, I am of the view that the impugned award does not suffer from any infirmity and findings recorded by the learned Labour Court in this regard need no interference at the stage of writ petition. The writ petition is devoid of any force and is liable to be dismissed. Accordingly, the petition is dismissed in limine. The impugned award dated 29.5.1997 is hereby confirmed.” 2. There is an office report to the effect that the respondents have been served. Leave was granted in the present matter on 15 November 2010 and an order of stay of recovery was passed. 3. Ex facie, the impugned judgment of the High Court does not disclose any reasons on the basis of which the High Court has confirmed the judgment of the Labour Court. None of the submissions which have been urged on behalf of the appellants have been considered by the High Court. 4. In the above circumstances, we set aside the judgment of the High Court of Uttarakhand and restore the writ petition [bearing No.1656(M/S) of 2008] to the file of the High Court. We clarify that in the view that we have taken we have not expressed any opinion on the merits of the rival contentions of the parties. The appeal is accordingly disposed of. No costs.