Mdmber Secretary Sukhmani Society Cum Additional Deputy Commissioner (Development), Distt. Ludhiana v. Karamjit Kaur And Others

2023:PHHC:116453 CWP-19397-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19397-2023 Date of Decision: 05.09.2023 Member Secretary, Sukhmani Society-cum-Additional Deputy Commissioner (Development), District Ludhiana ....Petitioner

Versus

Karamjit Kaur and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Shekhar Verma, Advocate and Mr. Aneeshh Chopra, Advocate for the petitioner.

*** HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of Certiorari for setting aside of the ex-parte award dated 04.01.2022 (Annexure P-12) passed by respondent No.3-learned Industrial Tribunal, Ludhiana in Reference No.28 of 2017 titled as "Karamjit Kaur Vs. Member Secretary, Sukhmani Society-cum-Additional Deputy Commissioner (Development), District Ludhiana and another".

2.

At the very outset, learned counsel for the petitioner fairly submits that at the first instance, the petitioner should have filed an application before the concerned Tribunal for setting aside of the ex-parte HIMANI GUPTA 2023.09.14 10:31 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

2023:PHHC:116453 CWP-19397-2023 -2award dated 04.01.2022 in terms of the judgment rendered by the Hon'ble Supreme Court in the case of M/S Haryana Suraj Malting Ltd. Vs. Phool Chand, Civil Appeal No.5650 of 2018, 2018 AIR (Supreme Court) 2670. Accordingly, learned counsel for the petitioner prays that he may be permitted to withdraw the instant petition with liberty to avail his remedy before the concerned Tribunal by moving an appropriate application for setting aside the ex-parte award dated 04.01.2022 in terms of judgment rendered in M/S Haryana Suraj Malting (Supra). 3.

In view of the above, present petition is dismissed as withdrawn with the liberty aforesaid.

4.

All pending application(s), if any, shall stands closed. 05.09.2023 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2023.09.14 10:31 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh