Eurotex Industries And Exports Limited vs. Additional Commissioner Of Labour Cum Specified Authority

ITEM NO.16 Virtual Court 3 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).7456-7457/2020

(Arising out of impugned final judgment and order dated 25-02-2020 in WP No. 10345/2019 and 23-04-2020 in AN No. CL/IDA/25(M)/CASE NO.01/2020 passed by the )

EUROTEX INDUSTRIES AND EXPORTS LIMITED Petitioner(s)

VERSUS

ADDITIONAL COMMISSIONER OF LABOUR CUM SPECIFIED AUTHORITY & ORS. Respondent(s)

(WITH I.R. and IA No.53903/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.53904/2020-EXEMPTION FROM FILING O.T. and IA No.53905/2020-IMPLEADMENT )

Date : 17-06-2020 These petitions were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE AJAY RASTOGI

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

• 2 Mr J P Cama, learned senior counsel appearing on behalf of the petitioner, submits that the order passed by the Deputy Commissioner of Labour has been held by the High Court as void ab initio. Mr Cama submits that, following the principal which has been laid down by this Court in Ariane Orgachem (P) Ltd v Wyeth Employees Union1, if the order was void ab initio, necessary consequences under the law would ensue and the High Court was not justified in issuing a direction authorising the Commissioner to re-decide the matter afresh. Hence, it has been submitted that if the direction of the High Court would stand vitiated, the consequential order of the Commissioner would not be lawful.
• 3 Issue notice, returnable in eight weeks.
• 4 Till the next date of listing, no coercive steps shall be taken against the petitioner.

<span id="page-1-0"></span>¹ (2015) 7 SCC 561