K.M.V.N. Ltd. And Another vs Unknown on 25 August, 2025

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Uttarakhand High Court

K.M.V.N. Ltd. And Another vs Unknown on 25 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures



                                  WPMS No.2303 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Sandeep Kothari, Advocate for the petitioners.

2. By means of the present writ petition, the petitioners
have put to challenge the judgment and award dated
23.05.2025, passed by learned Presiding Officer, Industrial
Tribunal and Labour Court, Haldwani, Nainital in
Adjudication Case No.19 of 2022, Managing Director,
K.M.V.N. Ltd. and another Vs. Sudhir Kumar Chandola,
whereby the petitioners were directed to pay a lump sum
payment of ₹7,00,000/- to the respondent for removing from
his service illegally against the provisions of Industrial
Disputes Act, 1947
.

3. Learned counsel for the petitioners submits that
respondent was working with the petitioner-Corporation as
contractual Booking Clerk against whom an FIR was lodged
by the petitioner-Corporation under Sections 409, 420, 467,
468 and 471 of IPC for causing embezzlement and loss to
the petitioner-Corporation.

4. After investigation charge sheet was filed against the
respondent-Workman and in the trial he was later on
convicted. The appeal filed by the respondent-Workman
against his conviction has been allowed, yet the petitioner-
Corporation terminated his services.

5. Against illegal termination of his service the
respondent-Workman raised an industrial dispute which
later on instituted as Adjudication Case No.19 of 2022,
wherein the impugned judgment and award has been
passed.

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6. It is contended by learned counsel for the petitioners-
Corporation that since the petitioner has been convicted, he
was removed from service; therefore there was no illegality
in his termination.

7. Issue notice to the respondent, returnable within six
weeks.

8. Steps to be taken within a week.

9. List this case on 04.11.2025.

10. In the meantime, execution of the award dated
23.05.2025, passed by Presiding Officer, Industrial Tribunal
and Labour Court, Haldwani, Nainital in Adjudication Case
No.19 of 2022, shall remain stayed provided, petitioners
deposits ₹7,00,000/- before this Court.

(Pankaj Purohit, J.)
25.08.2025
SK



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