M/S Nidhi Kamal Automobiles ... vs Mr. Nem Singh S/O (Late ) Mr. Naurat ...
2021 Latest Caselaw 3267 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 7802/2021

M/s Nidhi Kamal Automobiles Private Limited
                                                                  ----Petitioner
                                   Versus
Mr. Nem Singh S/o (Late ) Mr. Naurat Singh
                                                                ----Respondent

For Petitioner(s) : Mr. Shashank Kasliwal.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

28/07/2021

Counsel for the petitioner submits that the respondent-

workman has also raised a dispute with regard to his termination

before the Labour Commissioner. Counsel further submits that

during pendency of the said dispute the workman has wrongly

filed an application under Section 33C(2). Counsel further submits

that since the relationship of employeer and employee is under

dispute, the Labour Court has committed illegality in passing of

the order under Section 33C(2).

In support of the contention counsel relied upon the

judgment passed by the Hon'ble Supreme Court in the matter of

The Central Bank of India Ltd. Vs. P.S. Rajagopalan and

Ors. reported in AIR 1964 SC 743. Counsel further relied upon

the judgment passed by the Bombay High Court in the matter of

Roz Mohamad Salimulla & Ors. Vs. Afzai Faiz Mohamhad

Ansari & Ors. passed in Writ Petition No.4010 of 1997 decided on

03.05.2019.

(2 of 2) [CW-7802/2021]

In that view of the matter, issue notice to the respondent(s),

returnable within eight weeks.

Meanwhile, operation of the award dated 02.03.2021 passed

by the Labour Court, Ajmer shall remain stayed.

(INDERJEET SINGH),J

MG/91

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