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2025 DAILYLAW 10071 (UTT)

PAWAN KUMAR v. SHREYA SAWHNEY MANAGING DIRECTOR OF DHANSHREE AGRO PRODUCTS PRIVATE LIMITED

CLCON/232/2023 · 2025-02-25

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS CLCON 232/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Parikshit Saini, Advocate, for the petitioner. Mr. Yash Bisht, Advocate, i/b Mr. Vikas Bahuguna, Advocate, for the respondent. (2) Petitioner has sought enforcement of order dated 15.6.2023, passed by this Court in Writ Petition (M/S) No. 2642 of 2022. Operative portion of the order, sought to be enforced, is extracted below: “5. In such view of the matter, Modification Application is partly allowed. The order dated 13.12.2022 is modified and it is provided that operation of the impugned award shall remain stayed, provided petitioner complies with the provision contained in Section 17B of the Industrial Disputes Act, 1947, effective from 13.12.2022.” (3) It is alleged that despite the undertaking given by employer’s Counsel, petitioner is not being reinstated. However, the above extracted portion of the order dated 15.6.2023 indicate that there is no undertaking given by petitioner’s Counsel and there was only a direction by the Court that if petitioner complies with provision contained in Section 17B of the Industrial Disputes Act, 1947, then the award challenged in the writ petition shall remain stayed. (4) Learned Counsel for the petitioner submits that compliance of Section 17B of Industrial Disputes Act has not been made. If that is so, then the stay granted against the award becomes inoperative and the award becomes executable. However, this is not a case of wilful disobedience of the order passed by this Court. Thus the contempt petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 25.2.2025 Pr