M/S Nahar Industrial Enterprises Ltd. , And Another v. State Of Punjab And Others

2023:PHHC:101100 (230)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-28663-2017 (O&M) CM-938-CWP-2023 Date of Decision: 31.07.2023 M/S NAHAR INDUSTRIAL ENTERPRISES LIMITED AND ANOTHER

...Petitioners

Versus

STATE OF PUNJAB AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Aalok Jagga, Advocate and Mr. Harshit Anand, Advocate for the petitioners.

Mr. Vipin Pal Yadav, Addl. A.G., Punjab.

HARSH BUNGER, J. (ORAL) Petitioners have filed this writ petition under Articles 226/227 of the Constitution of India,inter-alia, seeking quashing of letter dated 28.03.2016 (Annexure P-21) issued by Labour and Conciliation Officer, Rajpura recommending legal action against petitioners and also the order dated 29.03.2016 (Annexure P-22) issued by Labour Commissioner, Punjab authorising the Labour Inspector, Mandi Gobindgarh, for presenting challan against petitioners under Section 29 of Industrial Disputes Act, 1947 for not implementing the settlement dated 29.07.2015 with respondent No.4 - Kulwant Singh.

GURPREET KAUR 2023.09.11 10:24 I attest to the accuracy and authenticity of this order/judgment

2.

Petitioners have now filed an application (CM No.938-CWP-2023) with a prayer to permit them to withdraw the instant writ petition in view of the fact that a settlement / compromise has been effected between the parties for which statements of the respective parties have been recorded on 01.06.2022 (Annexure A-1) and after receiving cheque bearing No.674325 dated 04.06.2022 before the Industrial Tribunal, respondent No. 4 - Kulwant Singh had made a statement for withdrawal of complaint on 07.06.2022 (Annexure A-2). Thereafter, considering the statements of the respective parties, Industrial Tribunal, Patiala has passed an award dated 07.06.2022 (Annexure A-3) disposing of the reference as fully settled.

3.

In view of the above facts and circumstances and reasons mentioned in the application (CM No. 938-CWP- 2023), the same is allowed.

4.

Consequently, CWP-28663-2017 stands dismissed as withdrawn.

July 31st, 2023 (HARSH BUNGER) M.Sikka/gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2023.09.11 10:24 I attest to the accuracy and authenticity of this order/judgment