Awadh Forest Div., Lucknow Vs. Insyatullah Siddiqi  INSC 1137 (6 July
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4136 OF
2009 (Arising out of SLP(C)No.11039 of 2008) DIV.DIR., AWADH FOREST DIV.,
LUCKNOW .....APPELLANT(S) VERSUS O R D E R Delay condoned.
heard learned counsel for the parties and after going through the impugned
order, we are of the view that no interim order could be passed by the High
Court on the pending Writ Petition in view of the fact that the petition filed
under Section 17 B of the Industrial Disputes Act was not maintainable under
the U.P. Industrial Disputes Act. That being the position, we set aside the
impugned order. However, considering the facts and circumstances of the present
case and in view of the fact that the award has been passed 15 years back, we
request the High Court to dispose of the pending Writ Petition within two
months from the date of communication of this Order to it.
it clear that we have not gone into the merit of the case and the same shall be
decided by the High Court.
impugned order is accordingly set aside and the appeal is allowed to the extent
2 indicated above. There shall be no order as to costs.
.............................J. ( TARUN CHATTERJEE )
.............................J. ( R.M.LODHA )
JULY 6, 2009.