VARDHMAN SPINNING MILLS Vs. LAL BABU GUPTA

JUDGEMENT

(1.) By way of this petition, petitioner has payed for the following relief:-? "It is, therefore, most respectfully prayed that the writ petition may kindly be allowed with costs throughout and after summoning the record and granting an opportunity of hearing, a writ of certiorari or any other appropriate writ, order or direction may be issued quashing the claim petition Annexure P-?9 titled as Lal Babu Gupta Versus M/S Vardhman Spinning Mills pending before the learned Labour Court, Shimla and all consequential proceedings therein being not maintainable".

(2.) Brief facts necessary for the adjudication of the present petition are that vide Annexure P-?3 i.e. communication dated 05.09.2016, petitioner/employer ordered termination of the witnesses of respondent No.1 herein on the ground that he stood physically incapacitated to perform his duties.

(3.) Feeling aggrieved, respondent No.1/ workman (hereinafter to be referred as 'workman') filed an application under Section 75 read with Sections 76 and 77 of the Employees State Insurance Act, 1948 before the Statutory Tribunal. An application was also filed, praying for interim relief and vide order dated 18.01.2017, the Court of learned Presiding Judge, Employees State Insurance Court, Shimla, H.P. confirmed the interim relief granted to the workman on 02.09.2016, by restraining the present petitioner from dismissing the services of the workman during the pendency of the petition. The application filed under Employees State Insurance Act was allowed in favour of workman by the learned Court vide order dated 04.09.2017 (Annexure P-?6).