SPA/471/2021
2022 Latest Caselaw 380 UK

       IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL

       THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
                                 AND
                 JUSTICE SHRI NARAYAN SINGH DHANIK



              SPECIAL APPEAL NO. 471 OF 2021

                            23rd FEBRUARY, 2022

 Between:

        Dhaneshwar Sharma, aged about 33 years, S/o Sri
        Dirpal Sharma, R/o M-Block, Haldi, Pantnagar,
        Phoolbagh, District Udham Singh Nagar.

                                                       ......      Appellant

 And


 1.     Union of India through Controller, Bhaba Atomic
        Research Centre, 3rd Floor, Central Complex,
        Trombay, Mumbai.
 2.     Founder   Himalayan   Environment   Studies     and
        Conversation   Organization   (HESCO),      Village
        Shuklapur, P.O. Ambiwala Via Premnagar, District
        Dehradun.


                                                       ......Respondents


Counsel for the appellant           :   Ms. Neelima Mishra Joshi, learned
                                        counsel

Counsel for respondent No. 1        :   Ms.   Monika    Pant,    Central
                                        Government Standing Counsel

Counsel for respondent No. 2        :   Mr. Pankaj Purohit, learned counsel




 Upon hearing the learned Counsel, the Court made
 the following



 JUDGMENT:      (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)
                                2




           The application for condonation of delay is

infructuous as the Stamp Reporter points out that in

view of the order passed by the Hon'ble Supreme Court

during the COVID pandemic, there is no delay in this

Special Appeal.      Accordingly, CLMA No. 02 of 2021

stands disposed of as infructuous.


2)         Also, heard on Special Appeal.


3)         Having heard the learned counsel for the

appellant, Ms. Neelima Mishra Joshi, the Court makes

the following order: -


           We have carefully examined the judgment

     passed by the learned Single Judge in Writ Petition

     (S/S) No. 3546 of 2018, decided on 28.10.2021.

     The   learned    Single       Judge   has   very   carefully

     examined the matter, and decided it correctly,

     without any error. So there is hardly any scope of

     interference by this Court.


           This Court reiterates the liberty granted by the

     learned Single Judge to the petitioner (appellant

     herein) to approach the Labour Court under the

     labour laws.
                              3




4)        With the observation as above, the Special

Appeal stands disposed of.


5)        There shall be no order as to costs.


6)        The Interim Relief application (IA No. 01 of

2021) also stands disposed of.



                        ____________________________
                        SANJAYA KUMAR MISHRA, A.C.J.


                             _____________________
                             NARAYAN SINGH DHANIK, J.

Dated: 23rd FEBRUARY, 2022 Negi