Jhagendra Singh vs Prescribed Officer, Labour Court ...
2014 Latest Caselaw 4300 Del

WPMS No. 245 of 2009
Hon'ble Alok Singh, J.

Mr. S.K. Agrawal, Senior Advocate assisted by Mr. Swapnil Bisht, Advocate for the petitioner.

Mr. R.C. Arya, Standing Counsel for the State.

Mr. Virendra Kaparwan, Advocate for respondent Nos. 2 and 3.

Mr. Anil K. Bisht, Advocate for respondent No. 4.

Vide order dated 28.02.1998, learned Labour Court was pleased to answer the reference against the petitioner having observed that retrenchment of the petitioner dated 31.03.1995 was valid. Petitioner preferred Writ Petition No. 1376 of 2001 (M/S) before this Court challenging the award dated 28.02.1998 whereby reference was answered against the workman / petitioner. Writ petition of the petitioner was decided alongwith other writ petitions directing the reinstatement of the petitioner and other petitioners vide judgment and order dated 21.08.2003. Feeling aggrieved, Forest Corporation went to the Hon'ble Apex Court in various SLPs.

All the Civil Appeal arising out of the SLPs were decided by the Hon'ble Apex Court vide judgment dated 12th December, 2006 carving out two categories of workmen one who have availed alternative remedy by approaching the Labour Court and second who directly filed writ petitions before the High Court. Hon'ble Apex Court was further pleased to dismiss the appeals against those workmen who had earlier approached the Labour Court. However, reinstatement order passed by this Court was set aside pertaining to the second category of workmen who directly filed writ petitions before this Court.

Learned counsel for the petitioner submits that although petitioner falls within the first category who had approached the Labour Court, although this fact was not brought to the knowledge of the Hon'ble Apex Court, therefore, SLP was wrongly allowed against the petitioner thinking that petitioner might have approached this Court directly without availing alternate remedy of approaching the Labour Court.

Learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to move review application before the Hon'bel Apex Court pointing out that petitioner falls within the first category of the workmen.

Permitted to be withdrawn with the aforesaid liberty.

(Alok Singh, J.) Dated 09.09.2014 Shiv