Dav College Managing Committee ... vs Daya Kant Yadav on 28 May, 2021

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Delhi High Court - Orders

Dav College Managing Committee ... vs Daya Kant Yadav on 28 May, 2021

Bench: Prathiba M. Singh

                                                            Signature Not Verified
                                                            Digitally Signed By:DINESH
                                                            SINGH NAYAL
                                                            Signing Date:28.05.2021
                                                            17:11:45




$~18
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+                          W.P.(C) 65/2021
      DAV COLLEGE MANAGING COMMITTEE THROUGH: THE
      PRESIDENT G SECRETARY                       ..... Petitioner
                    Through: Anurag Lakhotia, Advocate.
                    versus

      DAYA KANT YADAV                              ..... Respondent
                     Through: Mr. Atul Nagarajan, Advocate.
      CORAM:
      JUSTICE PRATHIBA M. SINGH
               ORDER

% 28.05.2021

1. This hearing has been done through video conferencing. CM APPL. 17307/2021 (for exemption)

2. This is an application seeking exemption from filing the duly attested affidavit. Binding the deponent of the affidavit to the contents of the application, the exemption is granted. However, the physical copy of the attested affidavit be filed in the Registry within two weeks after the physical court functioning resumes. Application is disposed of. CM APPL. 17306/2021 (u/S. 17(B) of the ID Act, 1947)

3. The present application has been filed under Section 17B of the Industrial Disputes Act, 1947 seeking payment of wages for the period from the date of the award i.e., 25th February, 2020 till the date of reinstatement of the Respondent-Workman i.e., 5th February, 2021.

4. Mr. Nagarajan, ld. counsel submits that the Respondent-Workman has already joined on duty in the DAV Public School, Loni Road, Delhi.

5. Mr. Lakhotia, ld. counsel submits that the offer for the Respondent-

Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:28.05.2021 17:11:45

Workman to join back was made before the ld. Labour Court itself in the written statement and thus, the application under Section 17B is misconceived.

6. Let a reply be filed to the application on or before 20th July, 2021. Rejoinder be filed at least one week before the next date of hearing. On the next date, the Section 17B application would first be heard and the writ petition would also be taken up for hearing.

7. List on 13th September, 2021.

W.P.(C) 65/2021

8. Mr. Nagarajan, ld. counsel submits that he does not wish to file a counter affidavit.

9. List on the date already fixed i.e., 13th September, 2021.

PRATHIBA M. SINGH, J MAY 28, 2021 MR/T

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Delhi High Court - Orders