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High Court of Punjab and HaryanaCWP/8402/2016disposed of

M/S Bellsonica Auto Component India Pvt Ltd v. Mukesh Kumar & ORS

2016-05-12Mr Justice Jaswant Singh9 pages

CWP No. 8402 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) CWP No. 8402 of 2016 (O&M) Date of decision : 12.5.2016 Mukesh Kumar and others 2) CWP No. 8403 of 2016 (O&M) Anil Kumar and others 3) CWP No. 8404 of 2016 (O&M) Ummed Singh and others 4) CWP No. 8405 of 2016 (O&M) Ram Lal and others 5) CWP No. 8406 of 2016 (O&M) Subhash Jakhar and others

CWP No. 8402 of 2016 -26) CWP No. 8407 of 2016 (O&M) Sandeep Kumar and others 7) CWP No. 8408 of 2016 (O&M) Rajesh Kumar and others 8) CWP No. 8409 of 2016 (O&M) Mukesh Kumar Banbheru and others .................Respondents 9) CWP No. 8410 of 2016 (O&M) Sunil Kumar and others 10) CWP No. 8411 of 2016 (O&M) Surender Singh and others 11) CWP No. 8412 of 2016 (O&M) Lokesh Kumar and others

CWP No. 8402 of 2016 -312) CWP No. 8420 of 2016 (O&M) Amar Singh and others 13) CWP No. 8421 of 2016 (O&M) Jagtar Singh and others 14) CWP No. 8424 of 2016 (O&M) Parmanand and others 15) CWP No. 8425 of 2016 (O&M) Subhash Chand and others 16) CWP No. 8426 of 2016 (O&M) Gajender Singh and others 17) CWP No. 8427 of 2016 (O&M) Savir Khan and others

CWP No. 8402 of 2016 -418) CWP No. 8428 of 2016 (O&M) Phool Singh and others 19) CWP No. 8429 of 2016 (O&M) Vikram and others 20) CWP No. 8432 of 2016 (O&M) Sunil Kumar and others 21) CWP No. 8435 of 2016 (O&M) Ramesh Prasad and others 22) CWP No. 8437 of 2016 (O&M) Rajpal Rawal and others 23) CWP No. 8438 of 2016 (O&M) Satpal and others

CWP No. 8402 of 2016 -524) CWP No. 8439 of 2016 (O&M) Jitender Kumar and others 25) CWP No. 8440 of 2016 (O&M) Aalok Kumar Shukla and others 26) CWP No. 8441of 2016 (O&M) Neeraj Kumar and others 27) CWP No. 8442 of 2016 (O&M) Jai Parkash and others 28) CWP No. 8443 of 2016 (O&M) Rohtash Kumar and others 29) CWP No. 8444 of 2016 (O&M) Rajesh Kumar and others

CWP No. 8402 of 2016 -630) CWP No. 8445 of 2016 (O&M) Rohit Parsad and others 31) CWP No. 8450 of 2016 (O&M) Rajesh Kumar and others 32) CWP No. 8451of 2016 (O&M) Karambir and others 33) CWP No. 8455 of 2016 (O&M) Neeraj Kumar and others 34) CWP No. 8456 of 2016 (O&M) Man Singh and others 35) CWP No. 8457of 2016 (O&M) Shamsher Singh and others

CWP No. 8402 of 2016 -736) CWP No. 8508 of 2016 (O&M) Sudhir Kumar and others 37) CWP No. 8550 of 2016 (O&M) Sanjeev Kumar and others Coram: Hon'ble Mr. Justice P.B. Bajanthri Present: Mr. Ashwani Talwar, Advocate for the petitioner.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? P.B. Bajanthri, J.

These bunch of petitions have been filed by petitionerManagement. For the purpose of brief facts of the case, CWP No. 8402 of 2016 is taken.

2) The workman-respondent is stated to have joined petitioner-Management on 4.3.2010. He was placed under suspension on 10.10.2014 and was charge sheeted on 17.10.2014. Ex parte enquiry proceedings was proceeded. Pursuant to the ex parte enquiry proceedings Management took a decision to dismiss the workman.

CWP No. 8402 of 2016 -8For the purpose of approval of dismissal, petitioner - Management preferred application under Section 33 (2) (b) of the Industrial Disputes Act, 1947.

(3) On 10.11.2015, Additional Labour Commissioner, NCR, Gurgaon, 4th respondent herein, declined to approve dismissal of the workman - respondent. Aggrieved by the rejection of application under Section 33 (2) (b) of the Industrial Disputes Act, 1947, dated 10.11.2015, the petitioner - Management presented this petition. 4) It was brought to my notice that petitioner - Management filed identical petitions and suffered an order dated 10.12.2015 passed in CWP Nos. 25831 of 2015 and 25830 of 2015. Facts and grounds urged in present petition, as well as, decided petitions are identical. Therefore, the present petitions are to be disposed of in terms of the order dated 10.12.2015 passed in CWP Nos. 25831 of 2015 and 25830 of 2015.

5) Learned counsel for the petitioner submitted that petitioner - Management preferred LPA against the order passed against the order of the learned Single Judge dated 10.12.2015, which was numbered as LPA No.86 of 2016, wherein notice of motion has been ordered and the same is listed for final disposal on 12.7.2016. 6) In view of facts and circumstances, the present petitions are disposed of in terms of order passed on 10.12.2015 in CWP Nos. 25831 of 2015 and 25830 of 2015, however, reserving liberty to the petitioner - Management that if LPA No. 86 of 2016 is allowed in their favour, they are permitted to file miscellaneous application for

CWP No. 8402 of 2016 -9revival of order passed in these bunch of petitions. 7) All the petitions stand disposed of in terms of the order passed in CWP Nos. 25831 of 2015 and 25830 of 2015. ( P.B. Bajanthri ) May 12, 2016 Judge chugh