High CourtsSingle Bench(2016) 05 P&H CK 0429

M/s Bellsonica Auto Component India Pvt. Ltd. vs Mukesh Kumar

Punjab And Haryana At Chandigarh · Decided on 12 May 2016 · Citation: (2016) 151 FLR 990 : (2016) 4 PLR 65

HON’BLE JUDGES
Mr. P.B. Bajanthri, J.
RESULT
Disposed Off
CASE NUMBER
C.W.P. No. 8402 of 2016 (O&M)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 355 words

P.B. Bajanthri, J.—These bunch of petitions have been filed by petitioner-Management. For the purpose of brief facts of the case, CWP No. 8402 of 2016 is taken.

2.

The workman-respondent is stated to have joined petitioner-Management on 4.3.2010. He was placed under suspension on 10.10.2014 and was charge sheeted on 17.10.2014. Ex parte enquiry proceedings was proceeded. Pursuant to the ex parte enquiry proceedings Management took a decision to dismiss the workman.

For the purpose of approval of dismissal, petitioner - Management preferred application under Section 33 (2) (b) of the Industrial Disputes Act, 1947.

3.

On 10.11.2015, Additional Labour Commissioner, NCR, Gurgaon, 4th respondent herein, declined to approve dismissal of the workman - respondent. Aggrieved by the rejection of application under Section 33 (2) (b) of the Industrial Disputes Act, 1947, dated 10.11.2015, the petitioner - Management presented this petition.

4.

It was brought to my notice that petitioner - Management filed identical petitions and suffered an order dated 10.12.2015 passed in CWP Nos. 25831 of 2015 and 25830 of 2015. Facts and grounds urged in present petition, as well as, decided petitions are identical. Therefore, the present petitions are to be disposed of in terms of the order dated 10.12.2015 passed in CWP Nos. 25831 of 2015 and 25830 of 2015.

5.

Learned counsel for the petitioner submitted that petitioner - Management preferred LPA against the order passed against the order of the learned Single Judge dated 10.12.2015, which was numbered as LPA No.86 of 2016, wherein notice of motion has been ordered and the same is listed for final disposal on 12.7.2016.

6.

In view of facts and circumstances, the present petitions are disposed of in terms of order passed on 10.12.2015 in CWP Nos. 25831 of 2015 and 25830 of 2015, however, reserving liberty to the petitioner - Management that if LPA No. 86 of 2016 is allowed in their favour, they are permitted to file miscellaneous application for revival of order passed in these bunch of petitions.

7.

All the petitions stand disposed of in terms of the order passed in CWP Nos. 25831 of 2015 and 25830 of 2015.