IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.10472 of 2009 Date of Decision:- 12.01.2010 Vijay Kumar ....Petitioner(s) vs. P.O.L.C. and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Arun Abrol, Advocate, for the petitioner. Mr.Vikas Singh, Advocate, for the respondent. *** AUGUSTINE GEORGE MASIH, J. (Oral) Challenge in the present petition is to the order dated 6.2.2009 (Annexure P-2) passed by the Presiding Officer, Labour Court, Gurdaspur whereby an application for restoration of reference No.56/85 preferred by the petitioner-workman stands dismissed on the ground that C.W.P.No.1177 of 1988 titled as M/s. Punjab Khand Udyog Ltd. vs. The Presiding Officer, Labour Court, Gurdaspur and another, preferred by the respondent stands admitted by this Court and the award passed by the Labour Court on the reference preferred by another co-worker, who was similarly situated, was stayed by this Court. Reference No.56 of 1985 which was made on the claim petition submitted by the workman was stayed during the pendency of the proceedings in C.W.P.No.1177 of 1988. Counsel for the petitioner submits that C.W.P.No.1177 of 1988 stands decided by this Court vide order dated 15.9.2008 but this fact could C.W.P.No.10472 of 2009 -2- not be brought to the knowledge of the Labour Court which has led to the passing of the order dated 6.2.2009. Counsel for the respondent does not dispute the factual aspect as has been asserted by the counsel for the petitioner. He has placed on record order dated 15.9.2008 passed by this Court in C.W.P.No.1177 of 1988. In the light of the decision of this Court in C.W.P.No.1177 of 1988 M/s. Punjab Khand Udyog Ltd. vs. The Presiding Officer, Labour Court, Gurdaspur and another which was the basis for staying the proceedings in reference No.56/85 in the case of the claim petition submitted by the petitioner, the order dated 6.2.2009 cannot be sustained and is accordingly set aside. This petition is disposed of with a direction to the Labour Court, Gurdaspur to take up reference No.56/85 and decide the same in accordance with law. The parties are directed to appear before the Labour Court, Gurdaspur on 25.2.2010. January 12, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE