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High Court of Punjab and HaryanaCWP/19080/2024disposed of

Ashok Kumar v. Presiding Officer, Industrial Tribunal Patiala And ORS

2025-04-28Mr. Justice Harsimran Singh Sethi3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 298-4 Decided on : 28.04.2025 CWP-19080-2024 (O&M) ASHOK KUMAR . . .Petitioner

Versus

PRESIDING OFFICER, INDUSTRIAL TRIBUNAL PATIALA AND ORS . . . Respondents 298-2 CWP-22251-2011 (O&M) BOOTHGARH COOPERATIVE AGRICULTURAL SERVICE SOC. LTD. . . .Petitioner

Versus

PRESIDING OFFICER, INDUSTRIAL TRIBUNAL PATIALA AND ANR . . . Respondents 298-3 CWP-19160-2024 (O&M) SHIV RAM . . .Petitioner

Versus

PRESIDING OFFICER, INDUSTRIAL TRIBUNAL PATIALA AND ANR . . . Respondents 298-4 CWP-26158-2024 (O&M) MUNISH KUMAR . . .Petitioner

Versus

PRESIDING OFFICER, INDUSTRIAL TRIBUNAL PATIALA AND ANR . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Abhishek K. Premi, Advocate for the petitioner in CWP-19080-2024 (through VC). Mr. Jatinder Singh, Advocate for Mr. H. S. Bedi, Advocate for the petitioner in CWP-22251-2011.

Mr. Nandan Jindal, Advocate for respondents No. 2 & 3 in CWP-19080-2024.

Mr. Sanjeev Roy, Advocate for Mr. I. P. S. Doabia, Advocate

CWP-19080-2024 (O&M) AND CONNECTED CASES -2for the respondent No. 2 in CWP-22251-2011. Mr. Nikhil Batta, Advocate for the respondent No. 2 in CWP-19160-2024.

**** HARSIMRAN SINGH SETHI , J. (Oral) 1.

Present bunch of four petitions the details of which are mentioned in the heading, involve common point of law and common set of facts, hence, they are being decided together. 2.

Learned counsel for the parties are ad-idem to the fact that the issues raised in the present petitions have already been answered by the Hon'ble Division Bench of this Court in LPA No. 1908 of 2018 titled as 'Savitri Devi versus Presiding Officer, Industrial Tribunal-cum-Labour Court and others' decided on 12.09.2024 according to which, in case the workman has more than one remedy to avail, he/she is free to choose which remedy to avail and the labour court cannot direct that the alternate remedy should be availed by the petitioners rather than the remedy available before the Labour Court.

3.

Once the parties are agreeable that the said issue has already been attained finality keeping in view the judgment passed by the Hon'ble Division bench of this Court in Savitri Devi's case (supra), the impugned orders dated 19.03.2024 passed by the Labour Court in CWP Nos. 19080, 19160 and 26158 of 2024 are set-aside and the cases are remanded back to the labour Court to decide the issue between the parties on merit. 4.

Further, the impugned award dated 15.09.2011 in CWP No. 22251 of 2011 which has been passed by the Labour Court on merits, in favour of the workman, which has only been assailed by the petitionersociety on the ground that the labour Court did not had the jurisdiction, the

CWP-19080-2024 (O&M) AND CONNECTED CASES -3said writ petition i.e. CWP No. 22251 of 2011 is dismissed keeping in view of the judgment passed by Hon'ble Division Bench of this Court in LPA No. 1908 of 2018 titled as 'Savitri Devi versus Presiding Officer, Industrial Tribunal-cum-Labour Court and others' decided on 12.09.2024. 6.

Present petitions are decided accordingly.

7.

Pending civil miscellaneous application, if any, stands disposed of. 8.

A photocopy of this order be placed on the file of connected case. (HARSIMRAN SINGH SETHI) JUDGE 28.04.2025 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No