M/S Gaurav International vs Presiding Officer, Industrial ...
2024 Latest Caselaw 9830 P&H

Punjab-Haryana High Court

M/S Gaurav International vs Presiding Officer, Industrial ... on 7 May, 2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CWP-12346-2023 (O&M)
DECIDED ON: 07.05.2024
M/S GAURAV INTERNATIONAL  ---- aa. PETITIONER
VERSUS

PRESIDING OFFICER, INDUSTRIAL TRIBUNAL CUM LABOUR
COURT GURUGRAM ANDANR lan... RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present: Mr. Jagdish Manchanda, Advocate, for the petitioner.

SANJAY VASHISTH, J (QRAL)

CM-6357-C WP-2024

Present application has been moved by the applicant/petitioner for placing on record Annexure P-14, vide which the execution was transferred to Gurugram and the Magistrate had initiated the proceedings to summon the applicant/petitioner.

Considering the averments mentioned in the application, prayer made therein is allowed and Annexure P-14 is ordered to be taken on record. Registry is directed to tag the same at the appropriate place on the file.

CM stands disposed of.

CM-6358-C WP-2024

Counsel for the applicant/petitioner does not want to press the

present application.

authenticity of this order/judgment

pressed.

CWP-12346-2023

Accordingly, present application stands dismissed, as being not

After hearing counsel for the petitioner at the time of

preliminary hearing i.e. on 12.07.2023, following order was passed by this

Court:-

"Present: Mr. Jagdish Manchanda, Advocate and

Mr. Nischal Chetanya Manchanda, Advocate

for the petitioner.

2 2 2

Learned counsel for the petitioner submits that the Industrial Tribunal-cum-Labour Court, Gurugram vide its impugned award dated 02.01.2023 (Annexure P-1) has passed a direction to reinstate the workman (respondent No.2) with continuity of service along with full back wages, wef. 18.09.2012 till the date of his reinstatement. Learned counsel further submits that at no point of time, services of respondent No.2 were terminated by the Management and in fact, he was offered to join the duty, however till date, he has neither come to join the duty nor applied in writing for joining the same. It is contended that in these circumstances, once the workman (respondent No.2) himself is not coming forward to join the duties, the grant of full back wages, wef. 18.09.2012 till the date of reinstatement, is bad. Learned counsel for the petitioner restricts his claim with regard to the relief granted to respondent No.2 by the Industrial Tribunal-cum- Labour Court, Gurugram, in respect of grant of full back wages, only.

Notice of motion for 14.08.2023.

Notice reg. stay as well."

Today, on the very outset, counsel for the petitioner seeks

withdrawal of the present writ petition.

withdrawn.

07.05.2024

Lavisha

Accordingly, present writ petition stands dismissed as

(SANJAY VASHISTH) JUDGE

Whether speaking/reasoned _ Yes/No Whether reportable Yes/No

authenticity of this order/judgment Punjab & Haryana High Court,

Chandigarh