Delhi High Court - Orders
Zoological Survey Of India vs Arjun Kumar Khanna on 8 February, 2023
$~13.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1244/2005
ZOOLOGICAL SURVEY OF INDIA ..... Petitioner
Through: Mr. Anil Kumar Saxena, Advocate.
versus
ARJUN KUMAR KHANNA ..... Respondent
Through: Mr. Aniruddh Joshi, Advocate.
CORAM:
HON'BLE MR. JUSTICE GAURANG KANTH
ORDER
% 08.02.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).
C.M. No. 50339/2022 (for recall of order dated 27.10.2022 & restoration of C.M. No. 46070/2022)
1. This is an application filed by the petitioner for recalling the order dated 27.10.2022 whereby the petitioner's application being C.M. No.46070/2022 was dismissed in default.
2. For the reasons stated in the present application, the same in allowed.
3. The order dated 27.10.2022 is hereby recalled and C.M. No.46070/2022 is restored in its original number. C.M. No. 46070/2022 (for restoration)
4. The present application has been filed for restoration of the present writ petition.
5. Respondent has filed his reply vehemently opposing the restoration of the present writ petition.
Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:14.02.2023 11:57:506. Learned counsel for the respondent states that the present writ petition was dismissed for non-prosecution earlier also and restored after a period of 9 years. He further submits that the petitioner Management is extremely callous in pursuing the present matter. He submits that the pendency of the present writ petition causes irreparable loss and damages to the respondent.
7. This court has examined the record of the present case. The petitioner, in the present writ petition, is assailing the award dated 14.05.2022 passed in I.D.No. 47/1997. Vide the impugned award, the learned Labour Court had directed the petitioner to reinstate the respondent w.e.f. 01.01.1991 with 10% back wages and also to regularise his services as per the policy of the petitioner management.
8. This Court, vide order dated 14.05.2004, has stayed the operation of the impugned award and vide order dated 17.03.2008, the said interim award was made absolute. The matter was admitted on 08.11.2010.
9. The matter was taken up for hearing in the month of May, 2013. The matter remained on the board for a long time. However, none appeared on behalf of the petitioner and finally, the matter was dismissed for non- prosecution on 22.05.2013. The petitioner has filed an application for restoration in the year 2019 with a delay of 2120 days.
10. This Court, vide order dated 22.03.2021, restored the writ petition with costs of Rs. 20,000/-. Thereafter, the matter was listed before this Court on 29.03.2020 and 12.10.2022. None appeared on behalf of the petitioner on both the dates. Hence, this Court, vide order dated 12.10.2022, dismissed the present matter for non-prosecution. The petitioner is extremely callous in pursuing the present matter. However, considering the reasons stated in the present application, this Court is of the considered opinion that one more Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:14.02.2023 11:57:50 opportunity can be granted to the petitioner to contest the present writ petition on its merits subject to costs. At the same time, the Court is mindful of the inconvenience caused to the respondent due to the callous attitude of the petitioner. The impugned award is of the year 1991 and even after 30 years, the respondent is not able to enjoy the fruits of the said award. Hence, the present application is allowed, subject to costs of Rs.30,000/- to be paid to the respondent.
11. The writ petition is restored in its original position.
12. List in due course.
13. The application stands disposed of.
GAURANG KANTH, J FEBRUARY 08, 2023 kd Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:14.02.2023 11:57:50