DIVYA PHARMACY AND ORS Vs. STATE OF UTTARAKHAND AND ORS
HIGH COURT OF UTTARAKHAND
Divya Pharmacy And Ors
State of Uttarakhand and Ors
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(1.) Learned counsel for the petitioner files supplementary
affidavit. The same is taken on record.
By means of this writ petition, the petitioner has sought
the following relief:-
a) issue writ/order/direction in the nature of mandamus or
any other appropriate writ/order/direction, directing the respondent
no.1 to denotify the impugned notification dated 9
of May 2012
issued by respondent no.1 in exercise of powers conferred under
sections 3 & 7(ii) of the Act and/or set aside the aforesaid notification.
b) Award costs;
c) Pass any such further and other orders as it may deem
fit and proper on the facts and in the circumstances here of.
(2.) Mr. N.P.Sah, learned Standing Counsel appearing for the
respondent nos. 1 to 3 has submitted that the impugned notification has
been issued by the State Government in compliance of the order
dated20-12-2011 passed by this Court in Writ Petition No. 1761 of
2006(M/S) Dawa Udyog Kamgar Union Haridwar having its office At
951/II/I, BHEL, Ranipur, Haridwar, through its Secretary Sri
Mahendra Prasad Jakhmola Vs. State of Uttarakhand & others
(Annexure 1 to the supplementary affidavit), wherein the petitioner
herein was one of the respondents. In the said writ petition, the
recommendation made to the State Government to refer the dispute for
adjudication and the consequential order of the State Government
referring the dispute under Section 4-K of the industrials Act were set
aside. The writ petition was allowed and a writ of mandamus was
issued directing the State Government to enforce the settlement dated
21-05-2005, which has been inadvertently typed in the operative
portion of the order as 21-5-2006, which was arrived at between the
petitioner and respondent no.4 in terms of Section 7(ii) of the Act and
it was also directed that the order shall be passed by the State
Government without four weeks from the date of production of a
certified copy of that order. In compliance of the order of this Court,
the impugned Notification has been issued.
(3.) Learned Senior Advocate appearing for the petitioner has
contended that the said order dated 20-12-2011 passed in Writ Petition
No. 1761 of 2006 (M/S) has been assailed by filing Special Leave
Petition (SLP) before the Apex Court, a copy of which has been
annexed as Annexure-11 to the writ petition. In that SLP, notices were
issued on the special leave petitions and interim relief application, and
contempt proceeding was also stayed.;
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