Avtec Limited vs. Avinash Sharma

ITEM NO.9 COURT NO.7 SECTION IV-A

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). 16863/2019

(Arising out of impugned final judgment and order dated 23-01-2019 in WP No. 4972/2017 passed by the High Court Of M.p At Indore)

M/S AVTEC LIMITED Petitioner(s)

VERSUS

AVINASH SHARMA & ORS. Respondent(s) (IA No. 96645/2019 - EXEMPTION FROM FILING O.T.)

Date : 26-07-2019 These matters were called on for hearing today.

CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI

HON'BLE MR. JUSTICE A.S. BOPANNA

For Petitioner(s) Mr. C.U. Singh,Sr.Adv. Mr. Navin Prakash, AOR Mr. Girish Patwardhan,Adv.

For Respondent(s)

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

Mr. C.U. Singh, learned senior counsel appearing on behalf of the petitioner has drawn our attention to the decision of this Court reported in 2011 (14) SCC 662 Man Singh Vs. Maruti Suzuki Indian Limited and Another and submitted that unless the workmen are directed to deposit the amount which they have received under the Voluntary Service Scheme(VRS), the question raised before the Labour Court cannot be gone into. Learned senior counsel further submitted that when the Labour Court so directed, the High Court ought not to have interfered with the direction of deposit. Digitally signed by MADHU BALA Date: 2019.07.26 17:10:26 IST Reason: Signature Not Verified

Having regard to above submissions, issue notice

returnable within six weeks.

In the meanwhile proceedings before the Labour Court shall remain stayed till the next date of hearing.

(MADHU BALA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER