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Supreme Court of India

DIV.DIR., AWADH FOREST DIV., LUCKNOW vs INSYATULLAH SIDDIQI on 6 July, 2009

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C.A. No.-004136-004136 - 2009Official PDFAdvocates ANUVRAT SHARMA | DINESH KUMAR GARG
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4136 OF 2009
(Arising out of SLP(C)No.11039 of 2008)
DIV.DIR., AWADH FOREST DIV., LUCKNOW .....APPELLANT(S)
VERSUS
INSYATULLAH SIDDIQI ....RESPONDENT(S)
O R D E R

Delay condoned.

Leave granted.

Having heard learned counsel for the parties and after going through the impugned

order, we are of the view that no interim order could be passed by the High Court on the

pending Writ Petition in view of the fact that the petition filed under Section 17 B of the

Industrial Disputes Act was not maintainable under the U.P.Industrial Disputes Act. That being

the position, we set aside the impugned order. However, considering the facts and

circumstances of the present case and in view of the fact that the award has been passed 15 years

back, we request the High Court to dispose of the pending Writ Petition within two months from

the date of communication of this Order to it.

We make it clear that we have not gone into the merit of the case and the same shall be

decided by the High Court.

The impugned order is accordingly set aside and the appeal is allowed to the extent

indicated above. There shall be no order as to costs.

( R.M.LODHA )