The High Court of Chhattisgarh disposed of writ petitions filed by workmen seeking enforcement of an Industrial Tribunal order. The Court held that since the matter is subjudice before the Supreme Court via an SLP, no order could be passed at this stage, directing compliance of the Supreme Court order instead.
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1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR WPL No.5680 of 2010
Dharamlal Sahu, aged about 45 years, S/o Shri Mehtru, R/o Ward NO.7, Kalkapara, Bheem Nagar, Dongargarh, District-Rajnandgaon (CG)
---- Petitioner
1. Union of India, through its Secretary, Ministry of Labour Employment, New Delhi
2. Regional Labour Commissioner (Central), Raipur (CG)
3. Assistant Labour Commissioner (Central), Raipur (CG)
4. Executive Engineer, Raipur Central Division, C.P.W.D., Central Excise Office Building, Tikrapara, Raipur (CG)
---- Respondents
And
WPL No.5684 of 2010
Santosh Kumar Kupatkar S/o Late Shri M.D. Kupatkar, aged about 46 years, R/o C/o Shri Tularam Sahu, Durga Manch, Near Shiv Mandir, Ward No.18, Shakti Nagar, Durg (CG)
---- Petitioner
Versus
1. Union of India, through its Secretary, Ministry of Labour Employment, New Delhi
2. Regional Labour Commissioner (Central), Raipur (CG)
3. Assistant Labour Commissioner (Central), Raipur (CG)
4. Executive Engineer, Raipur Central Division, C.P.W.D., Central Excise Office Building, Tikrapara, Raipur (CG)
---- Respondents
For Petitioner : Mr.Tridib Bhattacharaya, Advocate For Respondents : None present
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
1/8/2018
1. Since common question of law and fact is involved in this batch of writ petitions, they are heard together and are being disposed of by this common order.
2. In this batch of writ petitions, the petitioners are seeking
2 enforcement/compliance of the order passed by the Central Government Industrial Tribunal-cum-Labour Court, Jabalpur dated 22nd July, 2009.
3. It is apparent from the record that against the order of the said Tribunal, the Executive Engineer, C.P.W.D., Jabalpur filed the writ petitions before the High Court of Madhya Pradesh and the High Court of Madhya Pradesh has dismissed those writ petitions filed by the Executive Engi9neer, C.P.W.D., Jabalpur, against which SLP being SLP (C) No.035195/2010 was filed before the Hon'ble Supreme Court, in which interim order has been passed by the Hon'ble Supreme Court and that is pending consideration.
4. In view of that, no order can be passed directing compliance of the award passed by the Tribunal. The parties to lis are to comply with the order passed by the Hon'ble Supreme Court as directed in SLP.
5. The writ petitions are accordingly disposed of. No cost(s).
Sd/(Sanjay K. Agrawal) Judge
B/-
1 issue framed by the court
Whether the writ petitions seeking enforcement of Tribunal orders should be disposed of in light of pending SLP before the Supreme Court.
Dharamlal Sahu
Santosh Kumar Kupatkar
Union of India
Regional Labour Commissioner (Central), Raipur
Assistant Labour Commissioner (Central), Raipur
Executive Engineer, Raipur Central Division, C.P.W.D.
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
