Court No. - 6 Case :- WRIT - C No. - 1332 of 2010 Petitioner :- Central Bank Of India Respondent :- Union Of India And Others Petitioner Counsel :- Himanshu Tiwari Respondent Counsel :- Asgi Hon'ble Arun Tandon,J.
Notice on behalf of respondents no. 1 and 2 has been accepted
by the Additional Solicitor General.
Issue notice to respondent no. 3 fixing 26.02.2010 as the date.
Steps may be taken within one week.
All the respondents may file counter affidavit by the next date
fixed.
List on 26.02.2010.
Normally this Court would not have interfered with the order of
the Central Government referring the dispute for adjudication
under Section 10 of the Industrial Disputes Act. However from
paragraph 16, 17 and 18 of the present writ petition, this Court
finds that earlier two rounds of litigation were initiated by the
workman in respect of termination of his employment. The first
order culminated in an order passed by this Court in Second
Appeal No. 780 of 1995. The claim of the workman was rejected
and the termination order was found to be valid. Thereafter he
filed Civil Misc. Writ Petition No. 20326 of 1998 which was also
dismissed by the High Court vide order dated 04.05.2007. Now
he has resorted to the third innings by way of industrial dispute.
Prima facie there appears the abuse of process of Court and,
therefore, this Court feels it just and proper to intervene in the
matter.
Till the next date of listing further proceedings in pursuance to the
impugned order of reference dated 04.02.2009 shall remain
stayed.
Dated : 13.01.2010
VR/WP-1332/2010
Order Date :- 13.1.2010
VR