Disposed

Kamikar Singh v. Presiding Officer Industrial Tribunal Ludhiana & Anr.

Punjab & Haryana HC26 Mar 2014CWP/3623/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the Industrial Tribunal's approval of dismissal under Section 33(2)(b) of the ID Act. The court granted liberty to the petitioner to raise an industrial dispute regarding the merits of termination.

What did the court decide?

The petitioner is granted liberty to pursue his remedy by raising an industrial dispute qua his termination.

Kamikar Singh Vs Presiding Officer… — Pension and Retirement Benefits | Punjab & Haryana HC (2014)

¶1

CWP No. 3623 of 2014

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CWP No. 3623 of 2014 Date of decision: 26.03.2014

Kamikar Singh

...Petitioner(s)

Versus

Presiding Officer, Industrial Tribunal, Ludhiana and another

¶9

...Respondent(s)

¶10

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

¶11

Present: Mr. Ravi Kapur, Advocate, for the petitioner.

¶12

G.S.SANDHAWALIA, J. (Oral)

¶13

Challenge in the present writ petition is to the award dated 19.09.2013 (Annexure P-4) passed by the Industrial Tribunal, Ludhiana whereby, the action of the management for dismissing the petitioner from service was accorded unconditional approval in an application filed under Section 33(2)(b) of the Industrial Disputes Act, 1947 (in short 'the Act').

¶14

It is pertinent to mention that an earlier application was also filed by the respondent-management and the Tribunal, instead of affirming the order of dismissal, had chosen to convert the punishment of dismissal into stoppage of three annual increments with cumulative effect.

¶15

The management had challenged the said decision in CWP No. 14156 of 1994, which was decided on 31.10.2011 and the writ petition was dismissed. However, in LPA No. 2127 of 2011 decided on 01.04.2013, the management was successful in appeal and the orders of the Labour Court

¶16

and the learned Single Judge were set aside and the matter was remanded to Gupta Shivani 2014.03.31 12:39 I attest to the accuracy and integrity of this document High Court Chandigarh

¶17

CWP No. 3623 of 2014

¶18

¶19

the Tribunal to decide the matter afresh in accordance with law within a period of six months. Resultantly, the present impugned order dated 19.09.2013 has been passed.

¶20

Admittedly, the petitioner did not choose to assail the order passed in Letters Patent Appeal decided on 01.04.2013 and the same has become final. Resultantly, the order passed by the Labour Court granting the approval under Section 33(2)(b) of the Act is more in compliance with the order passed by this Court and, therefore, no fault can be found as such with the said order.

¶21

However, counsel for the petitioner submits that order of dismissal dated 18.11.1991 on merits was never challenged as such by raising any industrial dispute. He accordingly prays that the present writ petition be dismissed as not pressed with liberty to raise an industrial dispute qua his termination.

¶22

The said request is reasonable. Accordingly, the petitioner is given liberty to pursue his remedy in accordance with law. The petition stands disposed of with the above said observations.

¶23

26.03.2014 (G.S. SANDHAWALIA) shivani JUDGE

¶24

Gupta Shivani 2014.03.31 12:39 I attest to the accuracy and integrity of this document High Court Chandigarh

Kamikar Singh v. Presiding Officer Industrial Tribunal Ludhiana & Anr.

Case brief

What is this about?

What did the court decide?

Kamikar Singh v. Presiding Officer Industrial Tribunal Ludhiana & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bab Uram Vs F.C.

Vikram Bajaj @ Vicky Vs Union of India and Another

Asst. Director Animal Husbandry Farms Nabha & Anr. Vs Nikka Singh & Anr.

Dhiraj Singh Vs P.S.E.B.& Ors.

M/S Hy.Packers Vs Hy.State & Ors.

Rajwanti Vs Divisional Forest Officer