ANIL KUMAR SAINI AND ORS v. PRESIDING OFFICER INDUSTRIAL TRIBUNAL LABOUR COURT HALDWANI NAINITAL
WPMS/1005/2025 · 2025-07-17
Manoj Kumar Tiwari
body2025
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[ 2025 DAILYLAW 4816 (UTT) · dailylaw.ai ]
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[ 2025 DAILYLAW 4816 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6240 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1005/2025 Hon’ble Manoj Kumar Tiwari, J.
1. Mr. M.C. Pant, learned counsel for the petitioners.
2. Mr. S.K. Nainwal, learned Standing Counsel for the State of Uttarakhand.
3. Petitioners have challenged order passed by Presiding Officer, Industrial Tribunal, Haldwani (Nainital) on
02.12.2024. By the said order, Presiding Officer had expressed his reluctance to hear the dispute raised by petitioners, which was referred for adjudication under Section 4-K of U.P. Industrial Disputes Act, 1947.
4. After arguing for a while, Mr. M.C. Pant, learned counsel for the petitioners submits that as per his instructions, in the Annual Transfer of Judicial Officers, the Presiding Officer, Industrial Tribunal, Haldwani, who passed the impugned
order, has been transferred and some other Officer has been posted as Presiding Officer, Industrial Tribunal, Haldwani. He submits that in view of this development, he may be permitted to withdraw the writ petition with liberty to move application before Industrial Tribunal concerned for seeking recall of the order dated 02.12.2024.
5. Learned State Counsel submits that he has no objection to the prayer made by learned counsel for the petitioners.
6. In such view of the matter, the writ petition is dismissed as withdrawn with
2025:UHC:6240 liberty to petitioners to move application, seeking recall of the
order dated 02.12.2024 before Industrial Tribunal, Haldwani. If petitioners move such application within one week from today, the same shall be considered and decided, after inviting objections from the other side, within three weeks thereafter. It goes without saying that application shall be decided on its own merits, uninfluenced by the observations made in the order, impugned in this petition.
(Manoj Kumar Tiwari, J.)
17.07.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d 1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4 610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.17 07:36:21 -07'00'