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2019 DIGILAW 964 (HP)

Kanchan Singh v. Birla Textile Mills

2019-07-16

AJAY MOHAN GOEL

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JUDGMENT : Ajay Mohan Goel, J. With the consent of the parties, all these Writ Petitions are being disposed of by a common judgment. 2. Relief prayed for in these Writ Petitions is for setting aside the orders passed by learned Presiding Judge, Industrial Tribunal-cum-Labour Court, Shimla, H.P. in application No.182 of 2001, dated 24.9.2001, titled as M/s Birla Taxtiles Mills, Baddi Versus Kanchan Singh, application No.171 of 2001, dated 24.9.2001, titled as M/s Birla Taxtiles Mills, Baddi Versus Ram Hosle and application No. 1/2003, dated 24.9.2007, titled as M/s Birla Taxtiles Mills, Baddi Versus Sukhvinder Singh, vide which learned Court below has allowed the applications filed by the present respondents under Section 33-2(b) of the Industrial Disputes Act, 1947, seeking approval of dismissal of the present petitions. This Court has been informed that yet another petition arising out of a similar order passed in the case of a writ petitioner similarly situated as the present petitioners, by the learned Presiding Judge, Industrial Tribunal-cum- Labour Court, Shimla, H.P., in Application No.48 of 2004, stands adjudicated upon by the Coordinate Bench of this Court in CWP No.2795 of 2008, titled as Kali Kant Jha Versus M/s Birla Textile Mills, decided on 5.5.2018, in which the Hon'ble Coordinate Bench has upheld the order so passed by the learned Court below. 3. Learned Senior Counsel for the respondent has thus urged that these petitions are now squarely covered by the above referred judgment of the Hon'ble Coordinate Bench. He prayed that these Writ Petitions be also disposed of in terms of the judgment passed by the Hon'ble Coordinate Bench in case referred to supra. Learned Counsel for the petitioners has fairly submitted that the dispute subject matter of these Writ Petitions, was akin to the dispute in CWP No.2795 of 2008, titled as Kali Kant Jha Versus M/s Birla Textile Mills. However, he has stated that the petitioner therein is in the course of assailing the said judgment by way of a Letters Patent Appeal. 4. However, he has stated that the petitioner therein is in the course of assailing the said judgment by way of a Letters Patent Appeal. 4. Be that as it may, having heard learned counsel for the parties, as it is not in dispute that the issue decided by the Hon'ble Co-ordinate Bench in CWP No.2795 of 2008 (supra), is same and similar to that involved in these Writ Petitions, accordingly, these petitions are disposed of by directing that the findings returned in CWP No.2795 of 2008, titled as Kali Kant Jha Versus M/s Birla Textile Mills, decided by the Hon'ble Coordinate Bench on 5.5.2018, shall mutatis mutandis apply to these petitions also and the same also stand disposed of in terms of the adjudication done by the Hon'ble Coordinate Bench in CWP No.2795 of 2008 (supra). Pending miscellaneous applications, if any, stand disposed of, accordingly.