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The bench was listening to a plea towards the order handed by Uttarakhand Excessive Courtroom. (File)
New Delhi:
Judicial self-discipline or propriety calls for respect to the order handed by coordinate bench, the Supreme Courtroom mentioned on Monday whereas terming as “completely unwarranted” the observations made by the Uttarakhand Excessive Courtroom on an order handed by the Allahabad Excessive Courtroom.
The highest court docket put aside the November 2019 order of the Uttarakhand Excessive Courtroom which had dismissed a petition observing {that a} coordinate bench of Allahabad Excessive Courtroom was not justified in allowing the appellants to withdraw the plea with liberty to file recent petition earlier than the suitable court docket.
“The only decide of the Excessive Courtroom of Uttarakhand was not appearing as an appellate court docket towards the judicial order handed by the Excessive Courtroom of Allahabad allowing the appellants to withdraw the writ petition with liberty to file a writ petition earlier than an acceptable court docket,” a bench of justices MR Shah and Aniruddha Bose mentioned in its verdict.
“Judicial self-discipline/propriety demand to respect the order handed by the coordinate bench and extra notably the judicial order handed by the coordinate bench of the excessive court docket, within the current case the Allahabad Excessive Courtroom which as such was not below problem earlier than it,” the highest court docket famous.
The bench was listening to a plea towards the order handed by the Uttarakhand Excessive Courtroom.
The matter pertains to an industrial dispute difficult the termination of an worker in June 1996.
The labour court docket at Dehradun, had handed an award in Could 1997 holding that the termination order was unlawful and directed reinstatement with full again wages.
The matter then reached the Allahabad Excessive Courtroom which handed a conditional interim order staying the execution of award and on situation to deposit all the again wages earlier than the labour court docket.
The quantity of again wages was deposited however in the course of the pendency of the matter, the state of Uttarakhand got here to be created and jurisdiction of labour court docket, Dehradun got here inside Uttarakhand.
The highest court docket famous in its verdict that in view of part 35 of the Uttar Pradesh Reorganization Act 2000, the proceedings pending earlier than the Allahabad Excessive Courtroom have been required to be transferred to the Uttarakhand Excessive Courtroom.
The bench famous the matter was initially not transferred by the Chief Justice of the Allahabad Excessive Courtroom “for no matter cause” and later in April 2014, the excessive court docket was of the view that because the award has been handed by labour court docket at Dehradun, the jurisdiction doesn’t lie with the Allahabad Excessive Courtroom.
It permitted the petitioner to withdraw the plea with liberty to file recent petition earlier than the suitable court docket.
Thereafter, a plea was filed within the Uttarakhand Excessive Courtroom difficult the award handed by the labour court docket at Dehradun.
In November 2019, the Uttarakhand Excessive Courtroom dismissed the petition with out coming into into the deserves of the case on the bottom that in view of the related provisions of the Uttar Pradesh Reorganization Act 2000, the facility to switch the case lie with the Chief Justice of the Allahabad Excessive Courtroom.
The highest court docket mentioned that within the current case, the suitable court docket could be the Uttarakhand Excessive Courtroom and no error was dedicated by the Allahabad Excessive Courtroom in allowing the appellants to withdraw the pending petition with liberty to file a recent plea earlier than the court docket having jurisdiction.
“Due to this fact, the observations made by the Excessive Courtroom of Uttarakhand within the impugned order on the judicial order handed by the one decide of Allahabad Excessive Courtroom dated April 24, 2014 allowing the appellants to withdraw the writ petition pending earlier than it with liberty to file recent writ petition earlier than the suitable court docket (the Excessive Courtroom of Uttarakhand) is totally unwarranted and is unsustainable,” it mentioned.
The bench put aside the order of the Uttarakhand Excessive Courtroom and directed that the petition be restored on the file.
It requested the excessive court docket to resolve the matter, ideally inside a interval of six months, contemplating the truth that the dispute could be very outdated.
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