K.K.Singh vs Union Of India And Others

Vishal Mishra, J

Counsel for the petitioner submits that this matter is identical to W.P. Nos. 19628/2020, 19636/2020 and 19638/2020 in which the Coordinate Benches have passed the order on 04.01.2021, the same may be followed.

The Coordinate Bench of this Court in W.P. No.19628/2020 has passed the following order:

"By the instant petition, the petitioner is challenging the show-cause notice dated 05.11.2020 (Annexure-P/16) issued by the Assistant Labour Commissioner (Central), Jabalpur asking the petitioner to form a Works Committee, whereas the petitioner submits that he has already moved an application for granting exemption from constitution of the Works Committee. The said application is dated 28.09.2020 (Annexure-P/8) and is still pending before respondent No.1.

Considering the aforesaid, this petition is disposed of directing respondent No.1 to consider the petitioner's pending application dated 28.09.2020 (Annexure-P/8) and pass appropriate order within a period of three months from the date of submitting the certified copy of this order.

It is further directed that respondent No.2 shall not take any coercive action against the petitioner till the decision on his pending application for granting exemption to constitute the Works Committee as per Section 3 of the Industrial Disputes Act, 1947, is taken. With the aforesaid direction, the petition filed by the petitioner is disposed of. It is made clear that this Court has not expressed any opinion on the merits of the case.

Certified copy as per rules."

In view whereof, I deem it proper to dispose of this petition in the same terms. The aforesaid mentioned order shall apply mutatis mutandis to the present case with full force.

With the aforesaid and without expressing any view on merits, the writ petition is disposed of.

Certified copy as per rules.