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2025 DAILYLAW 1147 (UTT)

SHIRDI PANEL INDUSTRIES LIMITED v. STATE OF UTTARAKHAND

WPMS/107/2022 · 2025-07-11

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:6025 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/107/2022 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Pooran Singh Rawat, learned counsel for the petitioner. 2. Mr. S.K. Nainwal, learned Standing Counsel for the State of Uttarakhand. 3. Mr. D.S. Mehta, learned counsel for respondent no. 4. 4. This is employer petition, seeking the following reliefs:- (i) issue a Writ in the nature of Mandamus of any other appropriate writ, direction or order, to quash the order bearing no. 177/20- 21@Mh,ylh&mflu&vkbZ9vkj0 Dated 09.04.2021 passed by the Respondent No. 2 (Annexure No. 11) and Order/Award dated 04.12.2021 passed by the Respondent No. 3 in the proceedings under Section 6-H(1) of the Uttarakhand (U.P) Industrial Disputes Act, 1947 (Annexure No. 23). (ii) issue a Writ of the nature of Certiorari or any other appropriate writ, direction or order to Respondent No. 2 and 3 to abide with the provisions of Law and act clearly according to Law and not pass any order against Petitioner without giving due consideration of submissions made by the Petitioner and complying the provisions of Law; (iii) stay all recovery proceedings under Section 6- H(1) of the Uttarakhand (U.P.) Industrial Disputes Act, 1947 pending before the Respondent No. 3 in connection with the recovery of wages under the Settlement dated 16.08.2017 (Annexure No. 1) (registered on 22.09.32017), till such time, as the validity and operation of the said Settlement dated 16.08.2017, is decided by the Ld. Industrial Tribunal, Haldwani (under Reference No. 3 of 2021) (Annexure No. 10(Coly). 2025:UHC:6025 5. Learned counsel for the petitioner submits that during pendency of writ petition, parties have arrived at a settlement, therefore, petitioner does not want to press this writ petition. 6. Mr. D.S. Mehta, learned counsel appearing for respondent no. 4 also supports the contention made on behalf of the petitioner that the dispute is now resolved between the parties. 7. Mr. Pooran Singh Rawat, learned counsel for the petitioner submits that petitioner had deposited a sum of ₹5,00,000/- in the Registry of this Court, pursuant to the order dated 14.01.2022, therefore, the said amount may be refunded to petitioner and application for withdrawal of the amount has also been moved by the petitioner. 8. In view of the consensus between the parties that the dispute no more exist between the parties and the oral prayer made by learned counsel for the petitioner, the writ petition is dismissed, as withdrawn. 9. The amount deposited by the petitioner, in terms of order dated 14.01.2022, shall be refunded to the petitioner. 10. All pending application(s) stands disposed of. (Manoj Kumar Tiwari, J) 11.07.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB 0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.11 06:13:25 -07'00' 2025:UHC:6025