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2025 DAILYLAW 11070 (UTT)

MS JOCUND INDIA LIMITED v. SUMITRA DEVI

WPMS/2637/2025 · 2025-09-17

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8328 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2635/2025 With WPMS/2637/2025 Hon’ble Manoj Kumar Tiwari, J. Ms. Priyanka Agrawal, Advocate for the petitioner. 2. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 2635 of 2025 (MS) alone are being discussed and considered. 3. This is employer’s petition, challenging an order dated 16.01.2025, passed by Presiding Officer, Labour Court, Haridwar. By the said order, petitioner’s application seeking a direction to the workman to produce her UAN passbook was rejected. 4. It is not in dispute that dispute raised by respondent against termination of her service was referred to Labour Court, which is pending. The issue before the labour Court is whether the termination of respondent is unjust and illegal. 5. The question, which petitioner is trying to raise by moving application is wholly irrelevant for deciding the legality of the termination order. 2025:UHC:8328 6. The issue, which the petitioner has raised in his application, would be relevant only for determining whether the respondent is entitled to back wages and if yes, then for what period. 7. This Court is not inclined to interfere with the impugned order as this Court is of the considered opinion that the application was filed and thereafter this petition has been filed in order to delay conclusion of the proceedings, pending before labour Court. 8. Thus, the writ petition is dismissed. 9. Pending application(s), if any, stand disposed of. (Manoj Kumar Tiwari, J.) 17.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2 f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4 626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.18 19:36:49 +05'30'