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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
WP No. 29754 of 2022
(ATAL BIHARI VAJPAYEE INDIAN INSTITUTE OF INFORMATION TECHNOLOGY AND MANAGEMENT
GWALIOR (ABVIIITM) TH Vs DOLLY SEN THROUGH SHRI PALLAV TRIPATHI AND OTHERS)
Dated : 25-01-2023
Shri Sankalp Mishra, learned counsel for the petitioner.
The present petition under Article 226 of the Constitution of India has
been preferred against the proceedings under reference which has been initiated
at CGIT cum Labour Court, Jabalpur, whereas the petitioner against whom the
said reference has been referred to by the respondents has its address at
Gwalior, which falls within the territorial jurisdiction of CGIT cum Labour Court of Lucknow Bench.
Learned counsel for the petitioner while placing reliance on decision of Coordinate Bench of this Court in W.P. No 24735/2019 passed in the matter of Swadesh Prakashan (Gwalior) Pvt. Ltd. Vs. Employees' Provident Fund and Otheres decided on 27/11/2019 contended that the proceedings before the CGIT, Jabalpur is without jurisdiction and the matter should have been sent to CGIT, Lucknow Bench.
In wake of the contentions raised as well as the judgment passed by the Coordinate Bench, this Court deems it fit to stay the proceedings pending before the CGIT, Jabalpur till the next date of hearing.
Issue notice to the respondents on payment of process fee within four working days by RAD as well as ordinary mode, returnable within four weeks.
List in the week commencing 6th of March, 2023.
(MILIND RAMESH PHADKE) JUDGE Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 26-Jan-23 9:27:23 AM 2 Chandni Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 26-Jan-23 9:27:23 AM