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Judgment
Chander Shekhar, J
CM No. 40446/2017 (for preponement of hearing)
Learned counsel for the petitioner is not having any objection, in case the present application is allowed.
Accordingly, the application is allowed and the same is disposed of.
W.P.(C) 5606/2016
On the request of the parties matter is taken up today.
The petitioner has filed the present writ petition seeking quashing of the impugned order dated 27.05.2016 passed by respondent No.1, which is a
performa party, stating therein that it has on an erroneous appreciation of the facts and the law incorrectly held that it has the jurisdiction to entertain
and decide upon an application filed by the erstwhile employees/employees of the petitioner company who were employed at the Noida establishment
of the petitioner.
Learned counsel for the respondent Nos. 2 to 200 has submitted that without prejudice and contentions, the order dated 27.05.2017 may be set
aside with liberty to the petitioner to file an application before the Deputy Labour Commissioner, Noida (U.P.)/appropriate authority.
Learned counsel for the petitioner is not having any objection in case the prayer of respondent Nos. 2 to 200 is allowed subject to all remedies and
defences which are available to the petitioner including jurisdiction.
In view of the submissions of learned counsel for the parties, the order dated 27.05.2016 is set aside with the liberty to respondent Nos. 2 to 200 to
move an appropriate application before the Deputy Labour Commissioner, Noida/appropriate authority, as prayed, subject to all remedies and defences
which are available to the petitioner including jurisdiction, as per law.
The present petition is disposed of accordingly. Parties are left to bear their own costs.
Dasti.
