Citation : 2024 Latest Caselaw 5673 P&H
Judgement Date : 13 March, 2024
2024:PHHC:036078
208
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-5000-1998
DECIDED ON: 13.03.2024
TARAN TARAN COOP. SUGAR MILLS LTD. THROUGH ITS
M.D .....PETITIONER
VERSUS
THE PRESIDING OFFICER LABOUR COURT AMRITSAR AND
ANOTHER .....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH.
Present: Mr. Rahul Aggarwal, Advocate
for the petitioner.
SANJAY VASHISTH, J (ORAL)
1. Petitioner i.e. The Taran Taran Cooperative Sugar Mills Ltd.
has filed present writ petition for quashing of the award dated 11.09.1997
(Annexure P-6) passed by Industrial Tribunal-cum-Labour Court,
Amritsar, whereby reference No.80 of 1991 has been answered in favour
of respondent No.2 - Shri Balkar Singh (workman).
2. Learned Labour Court has held that the workman is entitled
to reinstatement with continuity in service along with 50% back wages
from the date of demand notice i.e. 17.01.1991 and as per the award, the
period of its implementation was for 30 days from the date of publication
of the award.
3. While admitting the present writ petition on 15.04.1998,
Division Bench of this Court had declined stay. Even, application (CM-
17241-1999) filed during the pendency of the present writ petition for
authenticity of this order/judgment
CWP-5000-1998 -2-
staying the payment of back wages to the workman (respondent No.2),
was also dismissed, vide order dated 25.05.2000.
4. Present writ petition is pending since the year 1998 and
counsel for the petitioner is also doubtful that whether in the absence of
stay on operation of the award, and with the efflux of time, any
substantial issue for its adjudication still survives or not.
5. In view of the factual aspects recorded here above, present
writ petition is dismissed for want of prosecution.
6. However, liberty is granted to the petitioner to move an
appropriate application for seeking revival of the present writ petition,
within eight weeks from today, in case, any substantive issue still exists
along with a cause of action to the petitioner.
7. Registry is directed to forward copy of the today's order at
the address of the petitioner mentioned in the writ petition.
(SANJAY VASHISTH)
13.03.2024 JUDGE
Lavisha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
authenticity of this order/judgment
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