SPA/478/2022
2023 Latest Caselaw 63 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
           THE HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI


                 SPECIAL APPEAL NO. 478 OF 2022

                            5th JANUARY, 2023

Between:

Brijesh Kumar                                ......         Appellant


and


State of Uttarakhand & others               ......         Respondents


Counsel for the appellant        :   Mr. D.S. Mehta, learned counsel


Counsel for the respondents      :   Mr. B.S. Parihar, learned Standing
                                     Counsel for the State / respondent
                                     Nos. 1, 2, 3 and 5




The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             Issue notice.


2)           Notice is accepted on behalf of respondent

Nos. 1, 2, 3 and 5.


3)           In view of the order that we propose to pass,

we do not consider it necessary to issue notice to

respondent No. 4, at this stage.
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4)          The present Special Appeal is directed against

the order dated 02.12.2022, passed by the learned

Single Judge in Writ Petition (M/S) No. 3046 of 2022.



5)          The petitioner assailed, in the writ petition, the

notice, laying-off the petitioners by respondent No. 4.

Other directions were sought with regard to payment of

retrenchment / closure compensation, salary and other

dues, and to seek a direction to the respondent

authorities to ensure that the management of the

factory, i.e., respondent No. 4, do not shift or alienate

the machinery, and other materials & assets of the

factory of respondent No. 4, till final disposal of the

petition.



6)          The learned Single Judge has dismissed the

writ petition, since the petitioner has already approached

the Labour Commissioner, and conciliation proceedings

are going on.


7)          The submission of learned counsel for the

appellant is that conciliation has been going on since

February 2022.


8)          It has already been 10 months, and no

resolution has been arrived at between the parties.        In
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our view, the conciliation proceedings cannot go on

indefinitely, and, in case, no conciliation settlement is

reached, the further consequential steps should be taken

in accordance with law.


9)        We, therefore, dispose of this appeal with a

direction to the respondent authorities to form their view

in the next two weeks, and conclude the conciliation

proceedings, and proceed in accordance with law.


10)       Stay application (IA No. 01 of 2022) also

stands disposed of.



                                     ________________
                                     VIPIN SANGHI, C.J.



                               ___________________
                               MANOJ KUMAR TIWARI, J.

Dt: 5th JANUARY, 2023 Negi