Avtec Hindustan Motors Shramik ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 6973 MP

                                                         1


                            IN THE HIGH COURT OF MADHYA PRADESH
                                         AT INDORE
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                       &
                                      HON'BLE SHRI JUSTICE ANIL VERMA
                                           ON THE 28th OF APRIL, 2023
                                           WRIT APPEAL No. 1139 of 2021

                           BETWEEN:-

                           1.    AVTEC & HINDUSTAN MOTORS SHRAMIK
                                 SANGH, PITHAMPUR, DISTRICT DHAR
                                 THROUGH GENERAL SECRETARY MR.
                                 VIJAY PATIL, B/M150, HOUSING BOARD
                                 COLONY,    PITHAMPUR,    DISTT.-DHAR
                                 (MADHYA PRADESH)
                           2.    MR. VISHAL VAIRAGHAR S/O. LATE SHRI
                                 VISHNUPANT, 181, SAHAKAR NAGAR, CAT
                                 SQUARE, INDORE (MADHYA PRADESH)
                                                                     .....APPELLANTS
                           (BY SHRI BRIAN D'SILVA - SENIOR ADVOCATE WITH
                           SHRI SHASHANK SHARMA - ADVOCATE )

                           AND

                           1.    THE STATE OF MADHYA PRADESH
                                 THROUGH   PRINCIPAL    SECRETARY,
                                 LABOUR       DEPARTMENT,VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    LABOUR COMMISSIONER AND SPECIFIED
                                 AUTHORITY FOR RETRENCHMENT UNDER
                                 INDUSTRIAL   DISPUTES    ACT   1947,
                                 DEPARTMENT     OF   LABOUR,   MOTI
                                 BUNGLOW, M.G. ROAD, INDORE (MADHYA
                                 PRADESH)

                           3.    AVTEC LIMITED THROUGH ITS FACTORY
                                 MANAGER AND VICE PRESIDENT, AVTEC
                                 LIMITED, PITHAMPUR, DHAR (MADHYA
                                 PRADESH)
                                                                  .....RESPONDENTS
                            (SHRI UMESH GAJANKUSH - ADDL. ADVOCATE


Signature Not Verified
Signed by: VARGHESE
MATHEW
Signing time: 28-04-2023
17:31:55
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                            GENERAL FOR RESPONDENT NO.1 & 2 AND SHRI
                            J.P.CAMA - SENIOR ADVOCATE WITH MS. KIRTI
                            PATWARDHAN - ADVOCATE FOR RESPONDENT
                            NO.3 )


                                    Reserved on                       : 25.04.2023
                                    Pronounced on                     : 28.04.2023


                                 This appeal having been heard and reserved for orders, coming for
                           pronouncement this day, JUSTICE VIJAY KUMAR SHUKLA passed the
                           following:
                                                          ORDER

The present intra court appeal under Section 2(1) of Madhya Pradesh

Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 was

filed against the order dated 21.10.2021 passed by learned Single Judge in

WP No.5344/2020 whereby the petition filed by the appellant was allowed

and an order was passed to make a reference to the Tribunal u/S.25-N(6) of

the Industrial Disputes Act, 1947.

2. Against the same order WA No.1102/2021 filed by the respondent

No.3 has been dismissed today by separate order. The appellant is aggrieved

by only one part of the order whereby challenge to the order dated 3.2.2020

(Annexure P/5) has been declined mainly on the ground that challenging the

same order, a Writ Petition WP No.247/2020 was filed and the said writ

petition was dismissed as having been rendered infructuous in view of the

subsequent events. No liberty was sought in the said petition, and, therefore,

in para 8 of the impugned judgment the Court refused to entertain the present

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 28-04-2023 17:31:55

petition so far challenge to the said order was concerned. We do not find

any illegality in the order impugned.

3. Even otherwise in view of the order passed by us today in WA

No.1102/2021 filed by respondent No.3, nothing survives for adjudication

on merit as we have upheld the order of direction for reference to the

Tribunal for adjudication of the application filed by the appellant.

4. In view of the aforesaid, the appeal is dismissed. No order as to costs.

                           (VIJAY KUMAR SHUKLA)                                  (ANIL VERMA)
                                   JUDGE                                           JUDGE




                           VM




Signature Not Verified
Signed by: VARGHESE
MATHEW
Signing time: 28-04-2023
17:31:55