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TMI Blog2021 (9) TMI 1406X X X X Extracts X X X X X X X X Extracts X X X X ..... ition was not transferred. That does not mean that despite the above, jurisdiction of the High Court of Allahabad against the judgment and award passed by the Labour Court, Dehradun would continue. Therefore subsequently when the writ petition came up before the High Court of Allahabad and having realized and observed that the jurisdiction against the judgment and award passed by the Labour Court, Dehradun would vest with the High Court of Uttarakhand, the High Court of Allahabad rightly permitted the appellants to withdraw the said writ petition pending before it with the liberty to the appellants to file fresh writ petition before the appropriate court. In the present case, the appropriate court would be the High Court of Uttarakhand only. Therefore as such no error was committed by the High Court of Allahabad permitting the appellants to withdraw the writ petition pending before it with the liberty to file a fresh writ petition before the court having jurisdiction. The aforesaid cannot be said to be adoring himself with the powers of the Chief Justice of Allahabad High Court. Once a judicial order was passed by the High Court of Allahabad permitting the appellants to wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and award passed by the Labour Court, Dehradun in case No.180 of 1996, the original petitioners appellants herein preferred Writ Petition No.6898 of 1997 before the High Court of Allahabad. That the High Court of Allahabad passed a conditional interim order staying the execution of award and on condition to deposit the entire back wages before the Labour Court. The appellant complied with the same and deposited the amount of back wages. That during the pendency of the aforesaid writ petition, the State of Uttarakhand came to be created and the jurisdiction of the Labour Court, Dehradun came within the jurisdiction of the State of Uttarakhand. 2.1 In that view of the matter and in view of Section 35 of the Uttar Pradesh Reorganization Act, 2000, the proceedings pending before the High Court at Allahabad were required to be transferred to the High Court having jurisdiction, in the present case the High Court of Uttarakhand. However, writ petition No.6898 of 1997 was not transferred by the Chief Justice of the High Court of Allahabad for whatever reason. Therefore when writ petition No.6898 of 1997 though was required to be transferred to the High Court of Uttarakhand as what wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned order passed by the High Court dismissing the writ petition without entering into the merits of the case is unsustainable. 3.1 It cannot be disputed that as such on the creation of the State of Uttarakhand, the jurisdiction over the Labour Court, Dehradun would only vest with the High Court of Uttarakhand. It also cannot be disputed that therefore as such the writ petition pending before the High Court of Allahabad challenging the judgment and award passed by the Presiding Officer, Labour Court, Dehradun was required to be transferred to the High Court of Uttarakhand by the Chief Justice of the High Court of Allahabad in exercise of power under Sub-Section (2) of Section 35 of the Act . Section 35 of the Uttar Pradesh Reorganization Act reads as under: 35. Transfer of proceedings from Allahabad High Court to Uttaranchal High Court: (1) Except as hereinafter provided, the High Court at Allahabad shall, as from the appointed day, have no jurisdiction in respect of the transferred territory. (2) Such proceedings pending in the High Court at Allahabad immediately before the appointed day as are certified, whether before or after that day, by the Chief Justice of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hand. Accordingly, the appellants filed the writ petition before the High Court of Uttarakhand. However, after 5 years of filing of writ petition, by impugned order dated 26.11.2019 the learned Single Judge of the High Court of Uttarakhand has dismissed the said writ petition by observing that the Coordinate Bench of the Allahabad High Court was not justified in permitting the appellants to withdraw the writ petition with liberty to file fresh petition before the appropriate court. The learned Single Judge of the High Court of Uttarakhand has observed that by permitting the appellants to withdraw writ petition pending before it with liberty to file the writ petition before the appropriate court High Court of Uttarakhand, the Coordinate Bench of the High Court of Allahabad has barged into to override the provisions contained under Sub-Section (2) of Section 35 of the Act by adoring himself with the powers of the Chief Justice of Allahabad High Court as contemplated under Sub-Section (2) of Section 35 of the Act for transfer of pending matters before the Allahabad High Court. It is observed by the learned Single Judge that the liberty granted by Allahabad High Court permitting the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition pending before the Allahabad High Court with the liberty to file fresh writ petition before the appropriate court cannot be said to be contrary to the provisions contained under Sub-Section (2) of Section 35 of the Act as observed by the learned Single Judge in the impugned order. The order under Sub-Section (2) of Section 35 of the Act by the Chief Justice of the Allahabad High Court for transfer of pending matters before the Allahabad High Court to the High Court of Uttarakhand is an administrative order. If that power was not exercised and subsequently it was found that proceedings which were required to be transferred in exercise of power Sub-Section (2) of Section 35 of the Act, has not been transferred, it does not preclude the High Court of Allahabad to pass a judicial order and that too permitting the appellants to withdraw the writ petition pending before it and to file it before an appropriate court. As such the High Court in such a situation would be absolutely justified in permitting to withdraw the writ petition pending before it with liberty to file it before an appropriate court having jurisdiction, on the creation of the new State State of Uttarakhand. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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