Eurotex Industries And Exports Limited vs. Additional Commissioner Of Labour Cum Specified Authority
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble Surya Kant
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
Disposed off
Listed On:
17 Jan 2022
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
53903/2020,53904/2020,112606/2020,
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Order Text
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 passed by the High Court of Judicature at Bombay and 23-04-2020 in AN No. CL/IDA/25(M)/CASE NO.01/2020 passed by the Commissioner of Labour, Government of Maharashtra, Mumbai)
EUROTEX INDUSTRIES AND EXPORTS LIMITED Petitioner(s)
VERSUS
ADDITIONAL COMMISSIONER OF LABOUR CUM SPECIFIED AUTHORITY & ORS. Respondent(s)
(FOR ADMISSION and 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-INTERVENTION/IMPLEADMENT, IA No. 112606/2020 - EXEMPTION FROM FILING AFFIDAVIT)
Date : 17-01-2022 These petitions were called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT
| For Petitioner(s) | Mr. J.P. Cama, Sr. Adv.<br>Mr. Rituraj Biswas, AOR<br>Mr. Avinash Jalisatgi, Adv.<br>Mr. Mayan Prasad, Adv.<br>Ms. Sujaya Bardhan, Adv. |
|---|---|
| For Respondent(s) | Mr. Sachin Patil, AOR<br>Mr. Rahul Chitnis, Adv.<br>Mr. Aaditya A. Pande, Adv.<br>Mr. Geo Joseph, Adv. |
- Ms. Shwetal Shepal, Adv.
- Mr. M. Shoeb Alam, Adv. Ms. Fauzia Shakil, AOR
UPON hearing the counsel the Court made the following O R D E R
1 In pursuance of the order of the Single Judge of the High Court of Judicature at Bombay dated 25 February 2020, the petitioner participated in the proceedings before the Commissioner of Labour which resulted in an order dated 23 April 2020. The Special Leave Petitions before this Court under Article 136 of the Constitution of India were instituted on 13 May 2020. The petitioner has sought to challenge both the order of the High Court dated 25 February 2020 as well as the order of the Commissioner of Labour dated 23 April 2020 in these proceedings.
- 2 We are not inclined to entertain a petition under Article 136 of the Constitution against the order of the High Court which has been duly acted upon and when a fresh order has been passed by the Commissioner of Labour, after hearing all the parties, including the petitioner. As regards the order of the Commissioner of Labour dated 23 April 2020, there is no reason for this Court to exercise its jurisdiction under Article 136 of the Constitution. The petitioner is at liberty to pursue the remedies available in law in the form of a petition under Article 226 of the Constitution. We, therefore, decline to entertain the Special Leave Petitions. However, we clarify that the petitioner would be at liberty to pursue the rights and remedies against the order dated 23 April 2020 of the Commissioner of Labour.
- 3 Subject to the grant of the aforesaid liberty, the Special Leave Petitions are dismissed.
- 4 Pending application, if any, stands disposed of.
AR-CUM-PS COURT MASTER
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)