D. A. V College Managing Committee v. H. P. Industrial Tribunal-Cum-Labour Court, Shimla
2025-05-05
AJAY MOHAN GOEL
body2025
DigiLaw.ai
JUDGMENT : Ajay Mohan Goel, J. As common issues of law and facts are involved in all these writ petitions, therefore, the same are being disposed of vide a common judgment. 2. The petitioners herein in all the writ petitions are aggrieved by the orders that have been been passed by learned Labour Court, Shimla, in applications instituted before it by the respondents-workmen, under Section 10(4) read withSection 2-B of the Industrial Disputes Act, 1947, in terms whereof, the applications have been allowed by the learned Labour Court and a direction has been issued not to give effect to the order of dismissal, passed by the petitioner-Company, till the pendency of the main petition, under Section 33-A of the Act. 3. When the matter was heard on the previous date, learned counsel appearing for the petitioners had submitted that the orders under challenge were per se not sustainable besides other grounds, also on the ground that in terms of the impugned order, learned Labour Court has gone into the merits of the entire case and though the orders otherwise, were interim orders, but everything stood adjudicated by the learned Labour Court and nothing was left for final adjudication, as far as the applications are concerned. 4. In the backdrop of the submissions of learned counsel for the petitioners, this Court had observed that as the orders under challenge were indeed only interim orders, interest of justice would be served in case, these petitions are disposed of/permitted to be withdrawn, with direction to the learned Labour Court to decide the main applications itself within a time bound period, without being influenced by the observations made in the orders impugned. 5. Today, learned counsel for the petitioners submits that the petitioners be allowed to withdraw the petitions and a direction be issued to the learned Labour Court to decide the applications itself, within a reasonable time, in accordance with law, on the basis of the pleadings on record, without being influenced by what is contained in the orders under challenge. 6. Learned counsel for respondent No.2 submits that he has no objection in case, the same is done. 7. Accordingly, these writ petitions are closed as withdrawn, with the direction that the applications preferred by the workmen, in which the interim orders were passed, be decided, in accordance with law, by adhering to the principles of natural justice, by 31.07.2025.
6. Learned counsel for respondent No.2 submits that he has no objection in case, the same is done. 7. Accordingly, these writ petitions are closed as withdrawn, with the direction that the applications preferred by the workmen, in which the interim orders were passed, be decided, in accordance with law, by adhering to the principles of natural justice, by 31.07.2025. It is observed that the applications will be decided by the learned Labour Court, without being influenced by the observations, in the orders under challenge, meaning thereby, that it shall not be influenced by its earlier findings returned while deciding the applications. Pending miscellaneous application(s), if any, also stand disposed of accordingly.