SHAKTI INTERNATIONAL Vs. GOPAL RAMKRISHNA TIWARI

JUDGEMENT

(1.) CONSIDERING the controversy in the petition, Rule. At the request of and with consent of the parties, petition is taken up for final hearing today. After some arguments by both the sides, a consensus between petitioner and respondent has been arrived at. In view of the consensus between the parties, it is agreed that on the terms and conditions mentioned hereinbelow the orders in miscellaneous application for restoration and the ex -parte award may be set aside and the matter may be remanded for adjudication of the Reference on merits within a fixed time limit. In view of the said consensus, the following order is issued;

(2.) MS . Sandhya Natani for the petitioner has assured this Court that the petitioner shall not ask for any unnecessary adjournments or delay the proceedings before the Labour Court and shall cooperate for early disposal of the Reference proceedings. Mr. Koshti has stated that the respondent will also cooperate in early conclusion of the proceedings before the Labour Court and shall not delay the proceedings. In view of such assurance of both sides, the Labour Court is requested to conclude the proceedings of the subject Reference at least by 31st December, 2008.

(3.) WITH the aforesaid directions, the petition is allowed. Rule is made absolute to the aforesaid extent. Mr. Koshti requested that the petitioner may be directed to reinstate the respondent during the pendency of the Reference proceedings before the Labour Court. Since the Reference proceedings are restored on the aforesaid conditions and are directed to be decided on merits, it would not be for this Court to give any such directions, however, it would be open for the petitioner to consider the said request of the respondent to reinstate him during the pendency of the proceedings, of course, without prejudice to its rights and contentions and subject to the outcome of the Reference proceedings.