Uttarakhand High Court
WPMS/85/2017 of RAI BAHADUR NARAIN SINGH SUGAR CO. LTD Vs STATE OF UTTARAKHAND THROUGH SECRETARY LABOUR AND EMPLOYMENT on 31 December 2020
of 2017 Hon’ble Manoj K. Tiwari, J. Mr. Navneet Kaushik, Advocate for the petitioner. Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand. Mr. M.C. Pant, Advocate for respondent no. 8. Heard learned counsel for the parties through video conferencing. Petitioner is a sugar mill in
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WPMS No. 85 of 2017
Hon’ble Manoj K. Tiwari, J.
Mr. Navneet Kaushik, Advocate for the petitioner.
Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand.
Mr. M.C. Pant, Advocate for respondent
no. 8. Heard learned counsel for the parties Heard learned counsel for the parties through video conferencing. Petitioner is a sugar mill in District Petitioner is a sugar mill in District Haridwar.
By means of this writ petition, petitioner has sought following relief:
I.Issue a writ order or direction in the nature of Mandamus commanding the respondent no. 5, 6, 7 & 11 to ensure that no strike or lockout is caused by respondent no. 8, 9 & 10 in the garb of order dated 29.12.2016 passed by Additional Secretary Labour Department of State of Uttarakhand which has not taken for can will only come into force after its publication in the official gazette. nature of Mandamus commanding the respondent no. 5, 6, 7 & 11 to ensure that no strike or lockout is caused by respondent no. 8, 9 & 10 in the garb of order dated 29.12.2016 passed by Additional Secretary Labour Department of State of Uttarakhand which has not taken for can will only come into force after its publication in the official gazette.
II.Issue a writ order or direction in the nature of Mandamus commanding the respondent no. 8,9 & 10 not to cause any strike or lock out in the garb of order dated 29.12.2016 passed by Additional Secretary Labour Department State of Uttarakhand which has not been taken force and can will only come into enforcement after its publication in the official gazette. nature of Mandamus commanding the respondent no. 8,9 & 10 not to cause any strike or lock out in the garb of order dated 29.12.2016 passed by Additional Secretary Labour Department State of Uttarakhand which has not been taken force and can will only come into enforcement after its publication in the official gazette.
Office Memo dated 29.12.2016 is on record as annexure no. 1 to the writ petition. By the said Office Memo pay scale of the workman of Vacuum Pan Sugar Mill was revised.
Contention of the petitioner in the writ petition is that since the said Office Memo dated 29.12.2016 has not been enforced by publication in the official gazette, therefore, till its enforcement, the respondents be restrained from causing any strike or lockdown in the garb of Office Memo dated 29.12.2016.
A counter affidavit has been filed by Mr. G.N. Pant, Deputy Secretary, Labour and Employment, Government of Uttarakhand. In para 8 of the said counter affidavit, it has been stated that pay revision order dated 29.12.2016 has been notified in the official gazette on 21.01.2017. Copy of the notification dated 21.01.2017 has been brought on record as annexure no. 1 to the counter affidavit.
Since the Office Memo dated 29.12.2016 has been notified, therefore, nothing survives in the present writ petition. Accordingly, writ petition fails and is dismissed.
(Manoj K. Tiwari, J.)
Aswal
31.12.2020