Disposed

Devendra Singh Rawat v. State Of Uttarakhand and Others

Uttarakhand HC28 Dec 2013WPMS/2801/2013

Case brief

AI extract

What is this about?

The all-writ petitioner, a workman, challenged his transfer order alleging mala fides. The court directed the Deputy Labour Commissioner to decide the ongoing conciliation matter within eight weeks, considering that the employer had failed to appear.

What did the court decide?

Direction to Deputy Labour Commissioner to take a decision on the matter within eight weeks considering the employer's failure to appear in conciliation proceedings.

Devendra Singh Rawat Vs State Of… — Labour and Industrial Disputes | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 2801 of 2013

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Devendra Singh Rawat … Petitioner

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State of Uttarakhand & others … Respondents

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Mr. D.S. Mehta, Advocate, present for the petitioner Mr. Paresh Tripathi, Additional C.S.C., present for the State of Uttarakhand Mr. Anant Kumar Agarwal, Advocate, present for respondent No. 5.

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Hon’ble Sudhanshu Dhulia, J. (Oral)

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Vakalatnama has been filed by Mr. Anant Kumar Agarwal, Advocate, on behalf of respondent No. 5. The same is taken on record.

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This writ petition has been filed by a workman, who is aggrieved by his transfer order dated 18.02.2013 by the employer i.e. M/s Varroc Engineering Pvt. Ltd. transferred him from Pant Nagar (present place) to Aurangabad Maharshtra. He also claims to be elected President of the Worker Union and alleges mala fide on the part of the employer of his transfer.

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It is an admitted position that the petitioner had filed an application before the Deputy Labour Commissioner, Udham Singh Nagar with copy to Assistant Labour Commissioner on which the Assistant Labour Commissioner started conciliation proceedings. However, there is a report of the Assistant Labour Commissioner that the employer i.e. respondent No. 5 has not come in the conciliation proceedings.

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In view of this Court, the matter is disposed of with a direction to the Deputy Labour Commissioner to

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take a decision in the matter, in accordance with law and while doing so, he shall also consider making a reference under the Industrial Dispute Acts or to take any suitable action permitted under the law, particularly, considering the report of the Assistant Labour Commissioner. It is further made clear that the Deputy Labour Commissioner shall take decision in the matter in accordance with law, as expeditiously as possible, but preferably within a period of eight weeks from the date of production of a certified copy of this order.

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(Sudhanshu Dhulia, J.)

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28.12.2013 Aswal

Devendra Singh Rawat v. State Of Uttarakhand and Others

Case brief

What is this about?

What did the court decide?

Devendra Singh Rawat v. State Of Uttarakhand and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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