Bharat Heavy Electricals Ltd v. Udaibir Singh & ORS

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 285/2019, CAV 450/2019 and CM APPL. 19970-71/2019 BHARAT HEAVY ELECTRICALS LTD ..... Appellant Through:

Mr. Sudhir Nandrajog, Sr. Adv.

with Mr. A.K. Roy, Adv.

versus UDAIBIR SINGH & ORS ..... Respondents Through:

Ms. Asha Jain Madan, Adv.

for R-1 to 164.

Mr. Arun Bhardwaj, Adv. for UOI.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE MANOJ KUMAR OHRI

O R D E R

% 29.04.2019 Caveat 450/2019

1. Since the learned counsel for the Respondents have put in appearance, the caveat is discharged.

CM APPL. 19971/2019 (exemption)

2. Exemptions allowed, subject to all just exceptions. LPA 285/2019 and CM APPL. 19970/2019(stay)

3. Mr. Sudhir Nandrajog, learned Senior counsel for the Appellant, on instructions, seeks to withdraw this appeal with liberty to raise before the Industrial Tribunal, the issue concerning scope of dispute raised by the Workmen as noted in para 49 of the impugned judgment and also whether any direction by the Tribunal in relation thereto has to follow only after a determination, if any, in their favour on their main plea for regularization.

4. The appeal and application are dismissed as withdrawn with liberty as prayed for.

5. The Court has been informed that the Industrial Tribunal is already seized of the reference. It is accordingly clarified that today‟s order will not result in postponement of or delay the conclusion of the proceedings in the Industrial Tribunal in any manner.

S. MURALIDHAR, J.

MANOJ KUMAR OHRI, J.

APRIL 29, 2019 mk