K.M.V.N. Ltd. And Another vs Unknown
2025 Latest Caselaw 3410 UK

Uttarakhand High Court

K.M.V.N. Ltd. And Another vs Unknown on 25 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPMS No.2303 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Sandeep Kothari, Advocate for the petitioners.

2. By means of the present writ petition, the petitioners have put to challenge the judgment and award dated 23.05.2025, passed by learned Presiding Officer, Industrial Tribunal and Labour Court, Haldwani, Nainital in Adjudication Case No.19 of 2022, Managing Director, K.M.V.N. Ltd. and another Vs. Sudhir Kumar Chandola, whereby the petitioners were directed to pay a lump sum payment of ₹7,00,000/- to the respondent for removing from his service illegally against the provisions of Industrial Disputes Act, 1947.

3. Learned counsel for the petitioners submits that respondent was working with the petitioner-Corporation as contractual Booking Clerk against whom an FIR was lodged by the petitioner-Corporation under Sections 409, 420, 467, 468 and 471 of IPC for causing embezzlement and loss to the petitioner-Corporation.

4. After investigation charge sheet was filed against the respondent-Workman and in the trial he was later on convicted. The appeal filed by the respondent-Workman against his conviction has been allowed, yet the petitioner- Corporation terminated his services.

5. Against illegal termination of his service the respondent-Workman raised an industrial dispute which later on instituted as Adjudication Case No.19 of 2022, wherein the impugned judgment and award has been passed.

6. It is contended by learned counsel for the petitioners- Corporation that since the petitioner has been convicted, he was removed from service; therefore there was no illegality in his termination.

7. Issue notice to the respondent, returnable within six weeks.

8. Steps to be taken within a week.

9. List this case on 04.11.2025.

10. In the meantime, execution of the award dated 23.05.2025, passed by Presiding Officer, Industrial Tribunal and Labour Court, Haldwani, Nainital in Adjudication Case No.19 of 2022, shall remain stayed provided, petitioners deposits ₹7,00,000/- before this Court.

(Pankaj Purohit, J.) 25.08.2025 SK