Shivalik Public School Sec 41 B Chd v. Jagdamba Parshad & ANR

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: January 20, 2024 1.

CWP-8129-2014:

Shivalik Public School, Sector 41-B, Chandigarh

...Petitioner

Versus

Jagdamba Parshad and another

...Respondents

2.

CWP-21977-2014:

Jagdamba Parshad

...Petitioner

Versus

The Presiding Officer, Industrial Tribunal-cum-Labour Court, U.T., Chandigarh and another

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Deepinder Singh Nalwa, Advocate, for the petitioner-Management (in CWP-8129-2014) and for respondent No. 2-Management (in CWP-21977-2014). Dr. Naresh Kaushik, Advocate, for petitioner-Workman (in CWP-21977-2014) and for respondent No. 1-Workman (in CWP-8129-2014). -.- SANJAY VASHISTH, J.

1.

This order shall dispose of two writ petitions, i.e. CWP-81292014 (filed by petitioner-Management, namely, Shivalik Public School, Sector 41-B, Chandigarh) and CWP-21977-2014 (filed by petitionerWorkman, namely, Jagdamba Parshad), as in both the writ petitions, award dated 16.08.2013, passed by the Industrial Tribunal and Labour Court, Union Territory, Chandigarh (for short, 'the Tribunal'), in Reference bearing

- 2 - Endst. No. 13/1/7682-HII(2)-2005, dated 07.07.2005, and the issue involved therein is identical.

2.

Learned counsel for the petitioner-Management (in CWP-81292014) submits that he has received required instructions to state at the Bar that in case, as on day the workman-Jagdamba Parshad (petitioner in CWP21977-2014) withdraws the writ petition filed by him, the petitionerManagement, i.e. Shivalik Public School, Sector 41-B, Chandigarh, would also not pursue its proceedings in the writ petition filed by it. Further states that Management-School would comply with the directions given by the Tribunal, vide award dated 16.08.2013, i.e. to reinstate the workman with continuity of service and back wages @ twenty five percent, within next two months from today.

3.

On the other hand, learned counsel representing petitionerworkman (in CWP-21977-2014) also submits that he has also received required instructions that if the directions given in the questioned award before this Court, are accepted and complied with by the ManagementSchool, he would not further pursue the proceedings in the writ petition filed by him and whatever has been granted/ordered by the Tribunal, would be sufficient to satisfy his claim. Thus, learned counsel also states that he wishes to withdraw the writ petition filed by petitioner-workman Jagdamba Parshad.

4.

Taking note of the submissions addressed by both the counsel representing their respective parties, i.e. Shivalik Public School, Sector 41B, Chandigarh (Management) and Jagdamba Parshad (workman), both the

- 3 - aforementioned writ petitions are disposed of as having been withdrawn by respective counsel.

However, it is made clear that the petitioner-Management (in CWP-8129-2014) shall comply with the directions given by the Tribunal, vide award dated 16.08.2013, within stipulated period, as stated by its counsel and noticed here-above.

(SANJAY VASHISTH) JUDGE January 20, 2024 Pkapoor Whether speaking/reasoned?

üYes/No Whether reportable?

Yes/Noü