The bench was hearing a petition against the order passed by the Uttarakhand High Court. (file)
New Delhi:
Judicial discipline or propriety seeks to respect the order passed by the coordination bench, the Supreme Court said on Monday, terming the observations made by the Uttarakhand High Court on an order passed by the Allahabad High Court as “absolutely unfair”.
The apex court set aside the November 2019 order of the Uttarakhand High Court, which had dismissed a petition, holding that a coordination bench of the Allahabad High Court had granted liberty to the appellants to file fresh petitions before the appropriate court. It was not proper to allow the withdrawal of the petition with the
“The single judge of the High Court of Uttarakhand was not acting as an appellate court against the judicial order passed by the Allahabad High Court, allowing the appellants to withdraw the writ petition with liberty to file a writ petition before an appropriate court. was given.” A bench of Justices MR Shah and Aniruddha Bose said this in its decision.
“Seeking judicial discipline/propriety to respect the order passed by the Coordination Bench and in particular the order passed by the Coordination Bench of the High Court, Allahabad High Court in the present case, which was not subject to challenge before it,” the top The court noted.
The bench was hearing a petition against the order passed by the Uttarakhand High Court.
The case pertains to an industrial dispute challenging the dismissal of an employee in June 1996.
The Labor Court of Dehradun had passed a judgment in May 1997 which held that the order of dismissal was illegal and directed reinstatement with full pay.
The matter then reached the Allahabad High Court, which passed a conditional interim order, staying the execution of the award and stipulating that the entire salary be deposited before the labor court.
The amount of previous salary was deposited, but during the pendency of the case, the state of Uttarakhand was created and the jurisdiction of Labor Court, Dehradun came within Uttarakhand.
The apex court in its judgment said that the proceedings pending before the Allahabad High Court under Section 35 of the Uttar Pradesh Reorganization Act 2000 need to be transferred to the Uttarakhand High Court.
The bench observed that the matter was not initially transferred by the Chief Justice of Allahabad High Court “for any reason” and later in April 2014, the High Court was of the view that since the award has been passed by the Labor Court at Dehradun , therefore the jurisdiction is not with the Allahabad High Court.
This allowed the petitioner to withdraw the petition with the liberty to file a fresh petition before the appropriate court.
Subsequently, a petition was filed in the Uttarakhand High Court challenging the decision passed by the Labor Court in Dehradun.
In November 2019, the Uttarakhand High Court dismissed the petition without entering into the merits of the case on the ground that in view of the relevant provisions of the Uttar Pradesh Reorganization Act 2000, the power to transfer the case rests with the Chief Justice. Allahabad High Court.
The apex court said that in the present case, the appropriate court would be the Uttarakhand High Court and that the Allahabad High Court did not commit any error in allowing the appellants to withdraw the pending petition with the liberty to file a fresh petition before the jurisdictional court. Has been. .
“Therefore, the observations made by the Uttarakhand High Court in the impugned order on the judicial order passed by the Single Judge of Allahabad High Court on 24th April, 2014 allowed the appellants to withdraw the writ petition pending before it with liberty to file fresh Allowed. The writ petition before the appropriate court (Uttarakhand High Court) is totally unwarranted and not maintainable.”
The bench set aside the order of the Uttarakhand High Court and directed that the petition be restored on file.
It requested the High Court to decide the matter within a period of six months, considering the fact that the dispute is very old.
.