Himachal Pradesh High Court
D.A.V College Managing Committee And ... vs H.P. Industrial Tribunal-Cum-Labour ... on 5 May, 2025
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2025:HHC:12997
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CWP Nos. 757 of 2025 a/w
CWP Nos. 3522, 3524, 3547 to
3550, 3610, 3612, 3615 to 3618,
4140, 4640 to 4643, 4902 of 2025.
Decided on : 05.05.2025
1. CWP No. 757 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
2. CWP No. 3522 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
3. CWP No. 3524 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
2
2025:HHC:12997
4. CWP No. 3547 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
5. CWP No. 3548 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
6. CWP No. 3549 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
3
2025:HHC:12997
7. CWP No. 3550 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
8. CWP No. 3610 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
9. CWP No. 3612 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
4
2025:HHC:12997
10. CWP No. 3615 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
11. CWP No. 3616 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
12. CWP No. 3617 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
5
2025:HHC:12997
13. CWP No. 3618 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
14. CWP No. 4140 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
15. CWP No. 4640 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
6
2025:HHC:12997
16. CWP No. 4641 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
17. CWP No. 4642 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
18. CWP No. 4643 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
7
2025:HHC:12997
19. CWP No. 4902 of 2025
D.A.V College Managing Committee and another.
...Petitioners
Versus
H.P. Industrial Tribunal-Cum-Labour Court, Shimla and
another.
...Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1
For the petitioners : Mr. Rajiv Katariya, Advocate
(through V.C.), with Mr. Ganesh
Barowalia, Advocate, in all
petitions.
For the respondents : M/s Atul Bhardwaj and Rashmi
Bhardwaj, Advocates, for
respondent No.2, in all petitions.
Ajay Mohan Goel, Judge (Oral)
As common issues of law and facts are involved in
all these writ petitions, therefore, the same are being disposed
of vide a common judgment.
2. The petitioners herein in all the writ petitions are
aggrieved by the orders that have been been passed by
learned Labour Court, Shimla, in applications instituted before it
by the respondents-workmen, under Section 10(4) read with
1Whether reporters of the local papers may be allowed to see the judgment?
2025:HHC:12997
Section 2-B of the Industrial Disputes Act, 1947, in terms
whereof, the applications have been allowed by the learned
Labour Court and a direction has been issued not to give effect
to the order of dismissal, passed by the petitioner-Company, till
the pendency of the main petition, under Section 33-A of the
Act.
3. When the matter was heard on the previous date,
learned counsel appearing for the petitioners had submitted
that the orders under challenge were per se not sustainable
besides other grounds, also on the ground that in terms of the
impugned order, learned Labour Court has gone into the merits
of the entire case and though the orders otherwise, were
interim orders, but everything stood adjudicated by the learned
Labour Court and nothing was left for final adjudication, as far
as the applications are concerned.
4. In the backdrop of the submissions of learned
counsel for the petitioners, this Court had observed that as the
orders under challenge were indeed only interim orders,
interest of justice would be served in case, these petitions are
disposed of/permitted to be withdrawn, with direction to the
2025:HHC:12997
learned Labour Court to decide the main applications itself
within a time bound period, without being influenced by the
observations made in the orders impugned.
5. Today, learned counsel for the petitioners submits
that the petitioners be allowed to withdraw the petitions and a
direction be issued to the learned Labour Court to decide the
applications itself, within a reasonable time, in accordance with
law, on the basis of the pleadings on record, without being
influenced by what is contained in the orders under challenge.
6. Learned counsel for respondent No.2 submits that
he has no objection in case, the same is done.
7. Accordingly, these writ petitions are closed as
withdrawn, with the direction that the applications preferred by
the workmen, in which the interim orders were passed, be
decided, in accordance with law, by adhering to the principles
of natural justice, by 31.07.2025. It is observed that the
applications will be decided by the learned Labour Court,
without being influenced by the observations, in the orders
under challenge, meaning thereby, that it shall not be
influenced by its earlier findings returned while deciding the
2025:HHC:12997
applications. Pending miscellaneous application(s), if any, also
stand disposed of accordingly.
(Ajay Mohan Goel)
Judge
May 05, 2025
(Shivank Thakur)
