Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Kshitij Infraventures Pvt Limited – Appellant
Versus
State of Telangana – Respondent
ORDER :
NAGESH BHEEMAPAKA, J.
Heard Sri N. Sreedhar Reddy, learned counsel for petitioner and learned Government Pleader for Labour on behalf of respondents.
2. This Writ Petition is filed challenging the proceedings in Crl.M.P.No. 1722 of 2023 on the file of Court of Hon'ble XII Additional Metropolitan Magistrate, Hyderabad, initiated by the 2nd respondent under Section 33-C (1) of Industrial Disputes Act, 1947 and consequently to quash the same by declaring them to be illegal, arbitrary and without jurisdiction.
3. It is the case of petitioner that it came into existence by virtue of the orders passed by this Court dated 01-09-2015 in Company Petition Nos. 175 to 178 of 2015, whereby a Scheme of Arrangement of Demerger was sanctioned. Under this Scheme, M/s Maheshwari Megaventures Limited was the demerged company and M/s Kshitij Infraventures Private Limited was the resultant entity. It is further stated that M/s Maheshwari Megaventures Limited itself came into existence by virtue of the Orders of Amalgamation passed by this Court dated 22-03-2005 in Company Petition Nos. 201, 202 and 203 of 2004 concerning the amalgamation of M/s Ashish Developers and Builders and M/s RKM Builders P
A development agreement holder can be held liable for workers' claims under a binding settlement, even if not classified as an employer under the Industrial Disputes Act.
The court affirmed that a party cannot evade liability for workers' claims based on technicalities, as obligations from employment contracts remain intact under the Industrial Disputes Act.
A party that voluntarily enters into a settlement agreement under the Industrial Disputes Act cannot evade its obligations based on unrelated litigation or claims of lack of employer-employee relatio....
A party that voluntarily enters into a settlement agreement is bound by its terms, regardless of subsequent litigation complications.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
