2026:UHC:1817 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2858 of 2018 17 March, 2026 Brijesh Kumar and Ors. --Petitioners Versus State Of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Ashutosh Thakral, learned counsel for petitioners. Ms. Mamta Bisht, learned D.A.G. with Mr. B.S. Koranga, learned Brief Holder for the State of Uttarakhand/respondent Nos.1 to 3. Mr. Pankaj Miglani, learned counsel for respondent No.4-Employer. Mr. Yogesh Kumar Pacholia, learned counsel for intervener. Hon’ble Pankaj Purohit, J. (Oral) By means of the present writ petition, petitioners seek a direction to respondent Nos.1 to 3 to implement the settlement dated 02.03.2017 which was registered on 22.03.2017 (Contained as Annexure No.4 to the writ petition). 2. Learned counsel for the petitioners submits that a reference has been made to the State Government under Section 4-K of the U.P. Industrial Disputes Act, 1947 (hereinafter to be referred to as ‘the Act’), which is pending adjudication before the learned Industrial Tribunal, Haldwani. 3. He further submits that reference was made by the petitioners for the purpose to arrive at long term settlement (LTS). He also submits that since LTS has arrived at between petitioners and respondent No.4, therefore, this writ petition has been filed by the petitioners only to implement the LTS. 2026:UHC:1817 2 4. Since the matter is pending before the learned Industrial Tribunal, Haldwani, in the reference made by petitioners under Section 4-K of the Act, therefore, petitioners should first get that reference to reach its logical end before pursuing the present writ petition. 5. Learned counsel for intervener in the aforesaid background submits that during the pendency of aforesaid adjudication case, the present writ petition is not maintainable. 6. Learned counsel for respondent No.4 submits that intervener is rank outsider and the LTS has already been complied with. 7. Be that as it may, this Court is of the opinion that the petitioners cannot sail on the two boats at the same time keeping the adjudication pending before learned Industrial Tribunal, Haldwani and at the same time pursue the present writ petition. 8. In such view of the matter, present writ petition is disposed of. However, a liberty is given to petitioner to approach this Court after the adjudication case would reach to its logical end. 9. Pending application(s), if any, also stands disposed of. (Pankaj Purohit, J.) 17.03.2026 PN