Full Text
LPA 484/2011
MOOL CHAND KHAIRATI RAM HOSPITAL & AYURVEDIC RESEARCH INSTITUTE ..... Appellant
Through: Ms.Mayuri Raghuvanshi, Advocate for Mr.Sanjoy Ghose, Advocate.
Through: Mr.Atul T.N., Advocate.
HON.BLE MR. JUSTICE SUNIL GAUR
10.08.2011
ORDER
1. Impugned judgment passed by the learned Single Judge rests itself on an earlier decision passed by a learned Single Judge reported as 95 (2002) DLT 640 Sunder La/ lain Hospital Kendriva Union vs. UOI & Ors.
2. Learned counsel for the parties concede that the said ·C decision has been overruled by a Division Bench and the decision is reported as 128 (2006) DLT 4 Management ofSunder La/ lain Hospital vs. Sunder La/ lain Hospital Kendriva Union.
3. But, learned counsel for the respondent states that he has other issues to urge and thus, with consent of parties, we dispose of the appeal setting aside the impugned judgment dated 8.2.2011 disposing of WP(C) No.11851/2005 and WP(C) No.11854/2005. 2011:DHC:16755-DB •
4. Both writ petitions are restored and, needless to state, interim orders passed in the writ petitions pertaining to the workman's entitlement under Section 17-B of the Industrial Disputes Act 1947 would also be restored.
5. Parties are directed to appear before the learned Single Judge on 6.9.2011.
6. Registry is directed that WP(C) No.11851/2005 and WP(C) No.11854/2005 would be listed before a learned Single Judge as per roster on 6.9.2011. CM No.10353/2011 & CM No.13529/2011 Both the applications are disposed of as infructuous.
AUGUST 10, 2011 dk