The Kaithal Coop Sugar Mill Ltd Through Managing Director Kaithal Distt Kaithal And ANR v. Rajender And ANR
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH 262 (10 cases) 1.
CWP-23395-2018 Date of Decision : 12.08.2024 THE KAITHAL CO-OP. SUGAR MILL LTD. THROUGH MANAGING DIRECTOR, KAITHAL AND ANR RAJENDER AND ANOTHER 2.
CWP-23396-2018 THE KAITHAL COOP SUGAR MILL LTD THROUGH MANAGING DIRECTOR KAITHAL DISTT KAITHAL AND ANR AMIT AND ANR 3.
CWP-23422-2018 BALKAR SINGH AND ANR 4.
CWP-23426-2018
VISHWANATH CHAUDHARY AND ANR 5.
CWP-23486-2018 MANOJ KUMAR AND ANR 6.
CWP-23488-2018 SUBHASH CHAND AND ANR 7.
CWP-23490-2018 VIKRAM SINGH AND ANR
8.
CWP-23492-2018 NARESH KUMAR AND ANR 9.
CWP-23493-2018 RANBIR SINGH AND ANR 10.
CWP-23757-2018 KIRAN PAL AND ANR CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :
Mr.Hardeep Singh Poonia, Advocate Mr. Utkarsh Sheoran, Advocate and Ms. Ojasvi Taak, Advocate for the petitioners.
Mr. D.S. Nain, Advocate and Mr. Satpal Nain, Advocate for respondent No.1 - workmen (in all cases). ****
JAGMOHAN BANSAL, J. (Oral) 1.
Learned counsel for the parties are in tandem that petitions in hand may be disposed of in the light of order dated 23.05.2024 passed by a Co-ordinate Bench of this Court in CWP No.17310 of 2017 titled as "The Kaithal Co-op. Sugar Mill Ltd. through its Managing Director, Kaithal vs. Jitender and another". They concede that the entire bunch of petitions was listed together and 07 petitions were disposed of by order dated 23.05.2024.
2.
This Court vide order dated 23.05.2024 has remanded the matter back to Tribunal to pass fresh order. The relevant portion of order dated 23.05.2024 is reproduced as below :
"21. This Court is of the view that the learned Labour Court had not gone into the issues deeply by calling for the complete record, as sought for or by examining the evidence/material before it, viz-a-viz the pleaded case of the parties, thus, I deem it appropriate to remit the case to the Labour Court for its redecision. Accordingly, the common impugned award dated 31.03.2017 (P-5) passed in the aforementioned writ petitions, is set-aside, and learned Labour Court is hereby directed to finally decide all the references once again, preferably, within a period six months from the date of receipt of certified copy of this order. The learned Labour Court would provide two effective opportunities to all the parties to lead their evidence, if any. However, it would be entirely upon the parties to produce/lead their respective evidence(s) at their own responsibility.
22. At this stage, counsel for the workmen
(respondent No.1 in all cases) informs the Court that in pursuance to the impugned award dated 31.03.2017 (P-7), in all the cases workmen were reinstated, therefore, till the re-decision of the references, they be allowed to continue as such and be not removed, at least till the references are answered again.
23. The factum of reinstatement of the workman in service in compliance to the common impugned award dated 31.03.2017 (P-7), has also been confirmed by counsel for the petitioner - Management. Therefore, it is directed that the workmen, who are already serving, as they were re- employed in pursuance to the entitlement held by learned Labour Court, would be allowed to stay in service till the re-decision by learned Labour Court.
With the aforementioned terms & directions, writ petition(s) is/are hereby disposed of."
3.
Disposed of in terms of order dated 23.05.2024 passed by this Court in CWP No.17310 of 2017.
(JAGMOHAN BANSAL) JUDGE 12.08.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No