w w w . L a w y e r S e r v i c e s . i n



Vardhman Spinning Mills v/s Lal Babu Gupta & Others


Company & Directors' Information:- K K P SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1993PTC004731

Company & Directors' Information:- N R U SPINNING MILLS LIMITED [Active] CIN = U17111TZ1994PLC005591

Company & Directors' Information:- R G SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2004PTC011274

Company & Directors' Information:- J P P MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2003PTC010491

Company & Directors' Information:- P K P N SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1981PTC001034

Company & Directors' Information:- K R V SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1990PTC002716

Company & Directors' Information:- V R SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1979PTC000836

Company & Directors' Information:- K A S SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1990PTC002955

Company & Directors' Information:- V M D MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004822

Company & Directors' Information:- P S G SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC005234

Company & Directors' Information:- A R C MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004845

Company & Directors' Information:- C P SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC005257

Company & Directors' Information:- S AND Y MILLS LIMITED [Not available for efiling] CIN = U17111TZ1994PLC005460

Company & Directors' Information:- D C MILLS PRIVATE LIMITED [Active] CIN = U25199KL1996PTC009988

Company & Directors' Information:- N S C SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2004PTC011093

Company & Directors' Information:- K T SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1990PTC002678

Company & Directors' Information:- J G SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1991PTC011033

Company & Directors' Information:- S P SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1979PTC000862

Company & Directors' Information:- J G SPINNING MILLS PRIVATE LIMITED [Not available for efiling] CIN = U18101WB1991PTC050845

Company & Directors' Information:- M B S SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC005005

Company & Directors' Information:- R D SPINNING MILLS LIMITED [Active] CIN = U17115PB1989PLC009763

Company & Directors' Information:- J M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013113

Company & Directors' Information:- T K S SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1988PTC002117

Company & Directors' Information:- K P M SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC006011

Company & Directors' Information:- J. C. SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17121TG2011PTC073799

Company & Directors' Information:- P A MILLS INDIA LTD. [Not available for efiling] CIN = U17111TN1990PLC019762

Company & Directors' Information:- R R R SPINNING MILLS INDIA PRIVATE LIMITED [Active] CIN = U17111TZ1990PTC002745

Company & Directors' Information:- K N M MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1990PTC002702

Company & Directors' Information:- G P M SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17110PB2005PTC028070

Company & Directors' Information:- R R SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1980PTC000984

Company & Directors' Information:- B B S M SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1990PTC002914

Company & Directors' Information:- P A SPINNING MILLS PVT. LTD. [Not available for efiling] CIN = U17111TN1989PTC018288

Company & Directors' Information:- BABU SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TN1995PTC033185

Company & Directors' Information:- V M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011763

Company & Directors' Information:- M K G SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17115TZ1990PTC002952

Company & Directors' Information:- M S SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17219PB1995PTC017064

Company & Directors' Information:- N G SPINNING MILLS PVT LTD [Active] CIN = U21010GJ1981PTC004505

Company & Directors' Information:- A A K. SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1995PTC005766

Company & Directors' Information:- GUPTA SPINNING MILLS PVT. LTD. [Active] CIN = U74899DL1989PTC037591

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Active] CIN = U51900MH1999PTC122189

Company & Directors' Information:- G P G SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TN1987PTC014844

Company & Directors' Information:- E A P SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ2005PTC011782

Company & Directors' Information:- N S K SPINNING MILLS PRIVATE LIMITED [Under Process of Striking Off] CIN = U17111TZ1994PTC004816

Company & Directors' Information:- R. A. SPINNING MILLS PVT LTD [Strike Off] CIN = U17115PB1988PTC008852

Company & Directors' Information:- K P K SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1961PTC000431

Company & Directors' Information:- H K SPINNING MILLS PVT LTD [Active] CIN = U17111PB1986PTC006672

Company & Directors' Information:- A V S SPINNING MILLS INDIA PRIVATE LIMITED [Strike Off] CIN = U17111TZ2004PTC011275

Company & Directors' Information:- K S SPINNING MILLS PRIVATE LIMITED [Active] CIN = U17299HR2021PTC092277

Company & Directors' Information:- O P K SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17120DL1988PTC032165

Company & Directors' Information:- P N M SPINNING MILLS PVT LTD [Strike Off] CIN = U17111TN1981PTC008870

Company & Directors' Information:- J K K SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1981PTC001085

Company & Directors' Information:- R K SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17100KA1995PTC018864

Company & Directors' Information:- T R MILLS PRIVATE LIMITED [Active] CIN = U17111KA1954PTC000799

Company & Directors' Information:- J K MILLS LTD [Strike Off] CIN = U17200WB1946PLC013603

Company & Directors' Information:- J K R SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1995PTC006781

Company & Directors' Information:- VARDHMAN T AND P LIMITED [Active] CIN = U74920DL2019PLC351656

Company & Directors' Information:- P. D. R. SPINNING MILLS PRIVATE LIMITED [Strike Off] CIN = U17112AP2006PTC052124

    C.W.P. No. 665 of 2018

    Decided On, 30 October 2019

    At, High Court of Himachal Pradesh

    By, THE HONOURABLE MR. JUSTICE AJAY MOHAN GOEL

    For the Petitioner: Ramakant Sharma, Senior Advocate, Devyani Sharma, Advocates. For the Respondents: R1, Rakesh Manta, Advocate.



Judgment Text

1. By way of this Petition, Petitioner has prayed for the following relief:“It is, therefore, most respectfully prayed that the Writ Petition may kindly be allowed with costs throughout and after summoning the record and granting an opportunity of hearing, a Writ of Certiorari or any other appropriate Writ, Order or Direction may be issued quashing the Claim Petition Annexure P9 titled as Lal Babu Gupta v. Vardhman Spinning Mills pending before the learned Labour Court, Shimla and all consequential proceedings therein being not maintainable”.2. Brief facts necessary for the adjudication of the present Petition are that vide Annexure P3 i.e. communication, dated 5.9.2016, Petitioner/ Employer ordered termination of the Witnesses of Respondent No.1 herein on the ground that he stood physically incapacitated to perform his duties.3. Feeling aggrieved, Respondent No.1/Workman (hereinafter to be referred as 'Workman') filed an Application under Section 75, read with Sections 76 & 77 of the Employees State Insurance Act, 1948 before the Statutory Tribunal. An application was also filed, praying for interim relief and vide Order, dated 18.1.2017, the Court of learned Presiding Judge, Employees State Insurance Court, Shimla, H.P. confirmed the interim relief granted to the Workman on 2.9.2016, by restraining the present Petitioner from dismissing the services of the Workman during the pendency of the Petition. The application filed under Employees State Insurance Act, was allowed in favour of Workman by the learned Court vide Order, dated 4.9.2017 (Annexure P6).4. During the pendency of the said proceedings under the Insurance Act, an application was filed by the Workman for framing of an additional issue for adjudication with regard to correctness of the act of the Employer of dispensing with his services. This application was dismissed by the learned Court by holding that it was not within the jurisdiction of the said Court to adjudicate the issue and the Workman was at liberty to invoke the jurisdiction of the Industrial Tribunal.5. Thereafter, the Workman invoked the jurisdiction of the learned Tribunal i.e. the Tribunal under the Industrial Disputes Act, under Section 2-A thereof vide Annexure P9. In the said Petition, Workman prayed for the following reliefs:“In view of the facts/circumstances mentioned above and in the interest of justice, it is most humbly prayed that the Respondent may be restrained not to alter, discharge or terminate the services of the Petitioner pending Industrial Dispute. Consequent thereto, the Termination Letter, dated 5.9.2016 bearing No.V.S.M./I.R.2016/159 reference whereof is given in Annexure P9 may be declared illegal, null & void as such be quashed & set aside. Further, the Respondent may be ordered to release the legitimate dues of Petitioner such as bonus w.e.f. April, 2015, increment, promotional benefits including hike in salary etc. along with all consequential relief. In addition thereto, the Petitioner may be allotted accommodation of two room set as was earlier allotted to him”.6. It its reply filed to the said Petition, present Petitioner inter alia took an objection with regard to the maintainability of the said Petition inter alia on the ground that as the Workman happened to be in job, therefore, application so filed under Section 2-A of the Industrial Disputes Act, was not maintainable. This Petition has also been filed by the present Petitioner for quashing of Annexure P8, on this ground alone that the Petition, which stands filed by the Workman under Section 2-A of the Industrial Disputes Act, is not maintainable as Section 2-A of the Industrial Disputes Act, cannot be invoked by the Workman, who is still in job.7. During the course of arguments, learned Senior Counsel appearing for the Petitioner, on instructions, submits that indeed the proceedings initiated by the Workman under Section 2-A of the Industrial Disputes Act otherwise also have been rendered infructuous for the reasons that the Order of Termination, dated 5.9.2016 has subsequently been withdrawn by the Employer.8. At this stage, learned Counsel for Respondent No.1 submits that this was only an interim arrangement made by the Employer during the pendency of the proceedings and the Respondent apprehends that immediately after closure of the present Petition, his services will be arbitraly dispensed with by the Petitioner.9. Learned Senior Counsel appearing for the Petitioner submits that, that it shall not be so and the services of the Workman shall not be dispensed with except in accordance with law.10. In view of the statement so made by learned Senior Counsel for the Petitioner, this Petition is disposed of by closing the proceedings which stood initiated by the Workman under Section 2-A of the Industrial Disputes Act, but with the direction that services of Respondent No.1 shall not be terminated except in accordance with law. The closure of the proceedings under Section 2-A of

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the Industrial Disputes Act, will not come in the way of the Workman for invoking the provisions of Industrial Disputes Act, or any other statutes for redressal of his grievance, against the Petitioner.11. Either of the party are at liberty to bring into the notice of the learned Tribunal the order which has been passed by this Court today so that proceedings initiated under Section 2-A of the Industrial Disputes Act, can be formally closed.12. Pending Miscellaneous applications, if any, stand disposed of. Interim Order, if any, also stands vacated.
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