IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 108 of 2006 Date of Decision: 02.12.2009 Indian Institute of Technology, Roorkee, District-Haridwar through its Registrar ……. Appellant Versus Sri S.K.Bhadula S/o Sri Sita Ram Bhadula, R/o 50 Subhash Nagar, Roorkee, District-Haridwar. .…… Respondent CORAM:- HON’BLE J.S.KHEHAR, CHIEF JUSTICE HON’BLE TARUN AGARWALA, JUDGE Present: Mr.Vipul Sharma, Advocate for the appellant. Mr. Dinesh Singh Chauhan, Advocate holding brief for Mr. N.S. Negi Advocate for the respondent. J.S.Khehar, C.J. (Oral) During the course of hearing, learned counsel for the parties are agreed, that the pleas raised on behalf of the respondent i.e. S.K. Bhadula, when he approached this Court by filing Writ Petition (S/S) No.4018 of 2001, were in the nature of an industrial dispute, inasmuch as, he had pleaded that he was a workman, and that, the appellant i.e. the University of Roorkee, was an industry (at least in so far as the branch where he was posted). It was also alleged that his services came to be dispensed with by an oral order, which amount to retrenchment from employment. In other words, what was sought to be projected through Writ Petition (S/S) No. 4018 of 2001 was a claim under the provisions of U.P. Industrial Disputes Act, 1947. 2 Learned counsel for the respondent states, that if liberty is granted to the respondent to avail of his remedy under the provisions of U.P. Industrial Disputes Act, 1947 by raising an industrial dispute, he will be fully satisfied. The course of action suggested by the learned counsel for the respondent is accepted by the learned counsel for the appellant. In view of the above, the instant special appeal is allowed. The impugned order dated 19.07.2006 passed by this Court, while disposing of Writ Petition (S/S) No.4018 of 2001, is hereby set aside. Liberty is granted to the respondent to avail of his remedy under the provisions of U.P. Industrial Disputes Act, 1947, if he is so advised, in accordance with law. (Tarun Agarwala,J.) (J.S.Khehar, C.J.) 02.12.2009 P.Singh