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2025 Supreme(Online)(UK) 865
HIGH COURT OF UTTARAKHAND
BHARAT HEAVY ELECTRICALS LIMITED BHEL – Appellant
Versus
RAJENDRA SINGH ALIAS RAJENDRA – Respondent
WPMS 2234 / 2024
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. 2234 of 2024 H o n ’ b l e M a n o j K u m a r Ti w a r i , J 1. Ms. Pinky Anand, learned Senior Counsel assist ed by Mr. A.K. Roy, Mr. Lalit Belwal, Mr. Saudam ini Sharm a, M. Ashish Belwal, Ms. Abhilasha Belwal, Ms. Bhavya Sharm a & Ms. C. Jait hly, Advocat es for t he pet it ioners. 2. Mr. T.A. Khan, learned Senior Counsel assist ed by Mohd. Saify, learned counsel for t he respondent s. 3. This writ pet it ion was filed in 2024, seeking t he following relief: - ( i) I ssue a writ , order or direct ion in t he nat ure of cert iorari or any ot her appropriat e writ , order or direct ion and quash and set aside t he Order dat ed 31.01.2023 and t he Not ice dat ed 03.02.2023 issued by t he Learned Cent ral Governm ent I ndust rial Tribunal ( CGI T) , Lucknow, in LCA No. 01 of 2023 and ent ire proceeding of LC No. 01 of 2023. ( Not ice dat ed 03.02.2023 is Annexed as Annexure No. 1) . 4. Obj ect ion t o t he am endm ent applicat ion filed on behalf of respondent is t aken on record. Applicat ion m ade t herefor st ands disposed of. 5. Today t he m at t er is list ed on an applicat ion seeking leave t o am end t he writ pet it ion. 6. Mr. T.A. Khan, learned Senior Counsel appearing for t he respondent workm en cont ends t hat am endm ent , if allowed, would change t he nat ure of t he writ pet it ion, as pet it ioner has at t em pt ed t o develop a new case t hrough am endm ent , which is not perm issible. He furt her subm it s t hat what ever obj ect ions pet it ioner has,
regarding t he proceedings pending before Cent ral Governm ent I ndust rial Tribunal ( CGI T) , Lucknow under Sect ion 33 ( C) ( 2) of I ndust rial Disput es Act , 1947, t hey can be raised by pet it ioner before CGI T, which is seized of t he m at t er. He furt her subm it s t hat t his Court in WPSS No. 1467 of 2018 relegat ed t he respondent s/ workm en t o Deput y Chief Labour Com m issioner who was t o decide whet her t he nat ure and t ype of dut ies perform ed by t he respondent s is t he sam e, as t hat of Mali, serving in perm anent est ablishm ent , vide j udgm ent dat ed 22.02.2019. 7. He furt her subm it s t hat pursuant t o t he said order, Deput y Chief Labour Com m issioner exam ined t he issue and ret urned a finding t hat t he respondent s are discharging t he sam e dut ies as Mali serving in perm anent est ablishm ent . He furt her subm it s t hat t he said finding was challenged by BHEL ( in WPMS No. 369 of 2021 & WPMS No. 368 of 2021) and bot h t he writ pet it ions were dism issed by t his Court vide j udgm ent dat ed 16.08.2022 and BHEL has challenged t he said j udgm ent by filing int ra- court appeals, which are pending before Division Bench of t his Court . 8. Mr. T.A. Khan, learned Senior Counsel appearing for t he workm en subm it s t hat against t he j udgm ent dat ed 22.02.2019, rendered in WPSS No. 1467 of 2018, BHEL has filed anot her special appeal, which is also pending; t hus, he subm it s t hat pet it ioner want s t o subst it ut e not only t he pleadings, but also t he prayer in t he writ pet it ion, t herefore, he subm it s t hat he has serious obj ect ion against allowing t he prayer for am endm ent .
9. Ms. Pinky Anand, learned Senior Counsel appearing for t he applicant / pet it ioner subm it s t hat t he proceedings init iat ed by t he workm en under Sect ion 3
