In Uttarakhand vs Allahabad High Courts, Supreme Court’s Comment

In Uttarakhand vs Allahabad High Courts, Supreme Court’s Comment

In Uttarakhand vs Allahabad High Courts, Supreme Court's Comment

The bench was listening to a plea towards the order handed by Uttarakhand High Court. (File)

New Delhi:

Judicial self-discipline or propriety calls for respect to the order handed by coordinate bench, the Supreme Court stated on Monday whereas terming as “completely unwarranted” the observations made by the Uttarakhand High Court on an order handed by the Allahabad High Court.

The prime courtroom put aside the November 2019 order of the Uttarakhand High Court which had dismissed a petition observing {that a} coordinate bench of Allahabad High Court was not justified in allowing the appellants to withdraw the plea with liberty to file recent petition earlier than the suitable courtroom.

“The single decide of the High Court of Uttarakhand was not appearing as an appellate courtroom towards the judicial order handed by the High Court of Allahabad allowing the appellants to withdraw the writ petition with liberty to file a writ petition earlier than an applicable courtroom,” a bench of justices MR Shah and Aniruddha Bose stated in its verdict.

“Judicial self-discipline/propriety demand to respect the order handed by the coordinate bench and extra notably the judicial order handed by the coordinate bench of the excessive courtroom, within the current case of the Allahabad High Court which as such was not underneath problem earlier than it,” the highest courtroom famous.

The bench was listening to a plea towards the order handed by the Uttarakhand High Court.

The matter pertains to an industrial dispute difficult the termination of an worker in June 1996.

The labor courtroom at Dehradun, had handed an award in May 1997 holding that the termination order was unlawful and directed reinstatement with full again wages.

The matter then reached the Allahabad High Court which handed a conditional interim order staying the execution of award and on situation to deposit the whole again wages earlier than the labor courtroom.

The quantity of again wages was deposited however through the pendency of the matter, the state of Uttarakhand got here to be created and jurisdiction of labor courtroom, Dehradun got here inside Uttarakhand.

The prime courtroom famous in its verdict that in view of part 35 of the Uttar Pradesh Reorganization Act 2000, the proceedings earlier than the Allahabad High Court had been required to be transferred to the Uttarakhand High Court.

The bench famous the matter was initially not transferred by the Chief Justice of the Allahabad High Court “for no matter cause” and later in April 2014, the excessive courtroom was of the view that for the reason that award has been handed by the labor courtroom at Dehradun, the jurisdiction doesn’t lie with the Allahabad High Court.

It permitted the petitioner to withdraw the plea with liberty to file recent petition earlier than the suitable courtroom.

Thereafter, a plea was filed within the Uttarakhand High Court difficult the award handed by the labor courtroom at Dehradun.

In November 2019, the Uttarakhand High Court dismissed the petition with out coming into into the deserves of the case on the bottom that in view of the related provisions of the Uttar Pradesh Reorganization Act 2000, the facility to switch the case lie with the Chief Justice of the Allahabad High Court.

The prime courtroom stated that within the current case, the suitable courtroom can be the Uttarakhand High Court and no error was dedicated by the Allahabad High Court in allowing the appellants to withdraw the pending petition with liberty to file a recent plea earlier than the courtroom having jurisdiction .

“Therefore, the observations made by the High Court of Uttarakhand within the impugned order on the judicial order handed by the only decide of Allahabad High Court dated April 24, 2014 allowing the appellants to withdraw the writ petition pending earlier than it with liberty to file recent writ petition earlier than the suitable courtroom (the High Court of Uttarakhand) is totally unwarranted and is unsustainable,” it stated.

The bench put aside the order of the Uttarakhand High Court and directed that the petition be restored on the file.

It requested the excessive courtroom to resolve the matter, ideally inside a interval of six months, contemplating the truth that the dispute could be very previous.

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