SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No. 2173 of 2020 Hon’ble Rakesh Thapliyal, J. 1. Mr. R.K. Raizada, learned senior counsel assisted by Mr. Subhash Upadhyay, learned counsel for the petitioners through V.C. 2. Mr. Suyash Pant, learned Standing Counsel for the State. 3. Mr. D.S. Mehta, learned counsel for the respondent. 4. In the instant petition the petitioners M/S Lucas TVS Limited challenged the order of reference dated 22.08.2019 as amended on 19.10.2020 on the ground that the reference as made does not fall under the purview of industrial dispute. 5. The Coordinate Bench on 19.11.2020 for an interim measure passed an order that the labour court may proceed with the matter; however, final award shall not be passed without leave of this court. Now, IA No. 12830 of 2025 has been moved by the petitioners with this contention that an application has been moved by the Lucas TVS Mazdoor Sangh on 29.01.2025 for withdrawal of the proceedings of Adjudication Case No. 23 of 2019 with this contention that settlement has been arrived on 10.01.2025 between the parties and the same has been registered on 24.01.2025 under Section 6(B) of Uttarakhand (U.P) Industrial Disputes Act, 1947. 6. By giving reference of the settlement the Lucas TVS Mazdoor Sangh seeks withdraw of the said proceedings in terms of paragraph 3 and 4 of the application. Paragraph 3 and 4 of this application is being reproduced herein as under: “3. That, during the pendency of the abovesaid Adjudication Case No. 23/2020 in respect of various demands of the workmen or ex-workmen, conciliation proceedings were held between the management on one hand and 32 workmen including office bearers of the Union before the Conciliation Officer / Certifying Officer /Deputy Labour Commissioner, Udham Singh Nagar and due to effective intervention of the Hon'ble Dy. Labour Commissioner, a Settlement has been arrived at on 10.01.2025 between the parties and the same has been registered on 24.01.2025 under section 6-B of the Uttar Pradesh (Uttarakhand) Industrial Dispute Act, 1947. 4. That, in view of the clause 5 and 7 of the Settlement read with Annexure-D thereof, Lucas TVS Mazdoor Sangh seeks to withdraw the abovesaid adjudication case. It has also been agreed that the dispute covered by Order of Reference was neither an industrial dispute between the parties nor exists between the parties to the adjudication case and, in terms of clause 5 and 7 of the registered settlement, the Lucas TVS Mazdoor Sangh is obliged to withdraw the adjudication of the subject matter of the Order of Reference and consequently does not press for any adjudication at all.” 7. Mr. R.K. Raizada, learned senior counsel submits that since the Coordinate Bench of this court on 19.11.2020 directed the Labour Court to proceed with the matter; however final award shall not be passed without leave of the court, therefore being influenced with this court order, the Labour Court shall not decide this application. 8. Mr. D.S. Mehta, who appears for the representative of Lucas TVS Mazdoor Sangh have not disputed this fact that the Union aleady moved an application for withdrawal of the proceeding. 9. Now, since undisputedly the settlement has been arrived between the parties on 10.01.2025, which was registered on 24.01.2025 and based on that settlement the application has been moved by the Lucas TVS Mazdoor Sangh, therefore, there is no purpose to keep this writ petition pending since the Union itself seeks withdraw of the said proceeding. 10. In view of the submissions as advanced above, the present writ petition is disposed of in view of the said development and the Labour Court is directed to decide the pending application moved by the Union i.e. Lucas TVS Mazdoor Sangh on 29.01.2025 strictly in terms of the settlement arrived in between the parties on 10.01.2025, which was registered on 24.01.2025 within a period of 15 days from the date of production of certified copy of this order. 11. It is made clear that disposing of this petition in the light of the aforesaid direction will not prejudice the rights of the parties. 12. All the pending applications are also disposed of finally. (Rakesh Thapliyal, J.) 27.02.2025 PR