Delhi High Court
Director, Icar vs Sh K L Paswan And Ors. on 28 February, 2023
NEUTRAL CITATION NO: 2023:DHC:1974
$~17 to 49.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 28.02.2023
17.
+ W.P.(C) 15903/2022 and C.M. No. 49490/2022
THE DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH. NAND KISHORE CHOUDHARY AND ORS ..... Respondents
Through: Mr. Sushil Rajora SPC-UOI for R-
2.
Ms. Garima Sachdeva and Ms.
Poonam, Advocate for R-1/UOI.
Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
18.
+ W.P.(C) 16225/2022 and C.M. No. 50761/2022
THE DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH VINOD PODDAR ..... Respondent
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
19.
+ W.P.(C) 16236/2022 and C.M. No. 50802/2022
DIRECTOR, ICAR ..... Petitioner
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 1 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
KAMAL PASWAN AND ORS. ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
Mr. Sandeep Tyagi, Senior Panel
Counsel for R-3/UOI.
20.
+ W.P.(C) 16237/2022 and C.M. No. 50803/2022
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
NISSAR AHMED AND ORS. ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
Mr. Santosh Kr. Pandey with Mr.
Reshesh Mani Tripathi, Advocates
for UOI.
21.
+ W.P.(C) 16296/2022 and C.M. No. 51002/2022
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
BRIJ KISHORE AND ORS. ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 2 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
Mr. Abhishek Singh, Advocate for
UOI.
22.
+ W.P.(C) 1351/2023 and C.M. No. 5066/2023
DIRECTOR ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH LAL BABU AND ORS. ..... Respondents
Through: Ms. Shubhra Parashar, Mr. Virender
Pratap Singh and Mr. Dipesh
Chaudhary, Advocates for R-
2/Labour Commission Central.
Mr. Yeeshu Jain ASC with Ms.
Jyoti Tyagi, Advocate.
23.
+ W.P.(C) 1353/2023 and C.M. No. 5070/2023
DIRECTOR, IRAI ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH MUNNA RAM AND ORS. ..... Respondents
Through: Mr. Sushil Raaja, SPC-UOI for R-2.
Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
24.
+ W.P.(C) 1358/2023 and C.M. No. 5076/2023
DIRECTOR ICAR ..... Petitioner
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 3 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH VIRENDER KUMAR AND ORS. ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
Ms. Saroj Bidawat, Advocate for
UOI.
25.
+ W.P.(C) 1368/2023 and C.M. No. 5094/2023
DIRECTOR ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH MAHESH CHAND AND ORS ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
Ms. Shubhra Parashar, Mr. Virender
Pratap Singh, Mr. Dipesh
Chaudhary and Ms. Pinky Yadav,
Advocates for R-2/Labour
Commission Central.
26.
+ W.P.(C) 1401/2023 and C.M. No. 5238/2023
DIRECTOR ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 4 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
SH ARVIND KUMAR MAHATO AND ORS ..... Respondents
Through: Mr. Ved Prakash Tripathi SPC, and
Mr. Rahul K. Sharma, Advocate for
R-2.
Mr. Rishikesh Kumar ASC
GNCTD, Mr. Aditya Raj, Mr. Sumit
Chaudhary, Mr. Yeeshu Jain SC,
with Ms. Jyoti Tyagi and Ms.
Manisha, Advocates for R-2 & 3.
27.
+ W.P.(C) 1402/2023 and C.M. No. 5239/2023
DIRECTOR ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH GULAB BABU MAHATO AND ORS ..... Respondents
Through:
Ms. Uma Prasuna Bachu, SPC for
R-2/UOI.
Mr. Rishikesh Kumar ASC
GNCTD, Mr. Aditya Raj, Mr. Sumit
Chaudhary, Mr. Yeeshu Jain SC,
with Ms. Jyoti Tyagi and Ms.
Manisha, Advocates for R-2 & 3.
28.
+ W.P.(C) 1415/2023 and C.M. No. 5330/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH KAMAL PASWAN AND ORS. ..... Respondents
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 5 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
Through: Mr. S.K. Tyagi and Mr. Mohit
Joshi, Advocate for R-2.
Mr. Rishikesh Kumar ASC
GNCTD, Mr. Aditya Raj, Mr. Sumit
Chaudhary,Mr. Yeeshu Jain SC,
with Ms. Jyoti Tyagi and Ms.
Manisha, Advocates for R-2 & 3.
Mr. Amit Gupta, SPC for UOI.
29.
+ W.P.(C) 1801/2023 and C.M. No. 6840/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH.VIJAY KUMAR AND ORS. ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
30.
+ W.P.(C) 108/2023 and C.M. No. 394/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH DAYA NAND AND ORS ..... Respondents
Through: Mr. Syed Abdul Haseeb, SPC for R-
2.
Ms. Shubhra Parashar, Mr. Virender
Pratap Singh and Mr. Dipesh
Chaudhary, Advocates for R-
2/Labour Commission Central.
Mr. Yeeshu Jain SC, with Ms. Jyoti
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 6 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
31.
+ W.P.(C) 109/2023 and C.M. No. 395/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH NAGENDER PASWAN ..... Respondent
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
32.
+ W.P.(C) 111/2023 and C.M. No. 398/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
VINOD KUMAR AND ORS ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
Ms. Hetu Arora Sethi, ASC for
GNCTD with Mr. Arjun Basra,
Advocates.
Mr. Avnish Singh (SCGC) with Mr.
Aditya Vikram Dembla, Advocate
for UOI.
33.
+ W.P.(C) 153/2023 and C.M. No. 556/2023
THE DIRECTOR (ICAR) ..... Petitioner
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 7 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH RAM RATTAN SINGH AND ORS. ..... Respondents
Through: Ms. Hetu Arora Sethi, ASC for
GNCTD with Mr. Arjun Basra,
Advocates.
Mr. Yeeshu Jain ASC with Ms.
Jyoti Tyagi, Advocate.
34.
+ W.P.(C) 156/2023 and C.M. No. 559/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH SANJAY KUMAR AND ORS. ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
Ms. Hetu Arora Sethi, ASC for
GNCTD with Mr. Arjun Basra,
Advocates.
Ms. Reema Khorana, Senior Panel
Counsel and Mr. Vikash Kumar,
Advocate for R-2/Regional Labour
Commissioner (Central).
35.
+ W.P.(C) 162/2023 and C.M. No. 566/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 8 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
and Ms. Payal Swaroop, Advocates.
versus
RAM JI PASWAN AND ORS ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
36.
+ W.P.(C) 163/2023 and C.M. No. 567/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH NAGENDER PASWAN AND ORS. ..... Respondents
Through: Mr. Rishikesh Kumar ASC
GNCTD, Mr. Aditya Raj, Mr. Sumit
Chaudhary, Advocates for R-2&3.
Mr. Virender Pratap Singh, Ms.
Shubhra Parashar and Ms. Pinky
Yadav, Advocates for R-2/Labour
Commission Central.
Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
37.
+ W.P.(C) 164/2023 and C.M. No. 568/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH DILIP KUMAR AND ORS. ..... Respondents
Through: Mr. Rishikesh Kumar ASC
GNCTD, Mr. Aditya Raj, Mr. Sumit
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 9 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
Chaudhary, Advocates for R-2&3.
Mr. Yeeshu Jain ASC with Ms.
Jyoti Tyagi, Advocate.
38.
+ W.P.(C) 197/2023 and C.M. No. 686/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH BALWAN SINGH ..... Respondent
Through: Mr. S. A. Haseeb, Advocate for R-
2.
Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
39.
+ W.P.(C) 201/2023 and C.M. No. 693/2023
THE DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH VINOD KUMAR AND ORS. ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
Ms. Hetu Arora Sethi, ASC for
GNCTD with Mr. Arjun Basra,
Advocates.
40.
+ W.P.(C) 204/2023 and C.M. No. 697/2023
DIRECTOR, ICAR ..... Petitioner
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 10 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH NAVIN KUMAR AND ORS. ..... Respondents
Through: Mr. Rishikesh Kumar ASC
GNCTD, Mr. Aditya Raj, Mr. Sumit
Chaudhary, Advocates for R-2&3.
Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
41.
+ W.P.(C) 206/2023 and C.M. No. 704/2023
DIRECTOR, ICAR ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH K L PASWAN AND ORS. ..... Respondents
Through: Ms. Ritu Reniwal, Senior Panel
Cousel for R-2/UOI.
Ms. Hetu Arora Sethi, ASC for
GNCTD with Mr. Arjun Basra,
Advocates.
Mr. Yeeshu Jain ASC with Mr.
Jyoti Tyagi, Advocate.
42.
+ W.P.(C) 645/2023 and C.M. No. 2511/2023
DIRECTOR IARI ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 11 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
SH LAL BAHADUR SAH AND ORS ..... Respondent
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
43.
+ W.P.(C) 647/2023 and C.M. No. 2516/2023
DIRECTOR, IARI ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH RAM CHANDER SHAH AND ORS ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
44.
+ W.P.(C) 660/2023 and C.M. No. 2580/2023
DIRECTOR IARI ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH UMESH PASWAN AND ORS ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
45.
+ W.P.(C) 661/2023 and C.M. No. 2581/2023
DIRECTOR IARI ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 12 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
versus
SH RAM MANOHAR MEHTO AND ORS ..... Respondents
Through:
46.
+ W.P.(C) 662/2023 and C.M. No. 2582/2023
DIRECTOR, INDIAN AGRICULTURE
RESEARCH INSTITUTE ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH. KAILASH KAPAR AND ORS. ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
47.
+ W.P.(C) 667/2023 and C.M. No. 2588/2023
DIRECTOR IARI ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SH INDER DEV MAHATO AND ORS. ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
48.
+ W.P.(C) 668/2023 and C.M. No. 2589/2023
DIRECTOR IARI ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 13 of 18
Signing Date:23.03.2023
16:28:21
NEUTRAL CITATION NO: 2023:DHC:1974
and Ms. Payal Swaroop, Advocates.
versus
SH SATYA PRAKASH ..... Respondent
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
49.
+ W.P.(C) 811/2023 and C.M. No. 3125/2023
DIRECTOR, IARI ..... Petitioner
Through: Mr. Sanjay Poddar, Sr. Advocate
with Mr. Praveen Swaroop, Mr.
Govind Kumar, Mr. Sachin Bhatt
and Ms. Payal Swaroop, Advocates.
versus
SURENDER PAL AND ORS. ..... Respondents
Through: Mr. Yeeshu Jain SC, with Ms. Jyoti
Tyagi and Ms. Manisha, Advocates
for R-2 & 3.
CORAM:
HON'BLE MR. JUSTICE GAURANG KANTH
GAURANG KANTH, J. (ORAL)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The petitioner/management in the present batch of present writ petitions are assailing the communications dated 11.10.2022, issued by the Regional Labour Commissioner (Central), Delhi to the District Collection Officer/ Collector, SDM (Karol Bagh) for the recovery of the amount as mentioned therein.
2. The respondent/workman filed the Labour Condition Applications (LCA) under Section 33-C(2) of the Industrial Disputes Act, 1947 before Signature Not Verified Digitally Signed By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 14 of 18 Signing Date:23.03.2023 16:28:21 NEUTRAL CITATION NO: 2023:DHC:1974 the Presiding Officer, Central Government Industrial Tribunal Cum Labour Court No.1, Rouse Avenue Court Complex. In pursuance to the said LCAs, learned tribunal passed an ex-parte order(s) dated 11.04.2022, the learned tribunal allowed the said LCAs filed by the respondent/workman and directed the amount claimed by the respondent/workman to be paid within 90 days to them and in case the said amount is not paid within the period of 90 days from the date of the order, the petitioner/management shall also be liable to pay interest. Being aggrieved by the said order(s)/communications, the petitioner preferred the present writ petitions.
FACTS RELEVANT FOR DISPOSAL OF THE PRESENT CASE
3. Since all the petition raise similar grounds, the facts mentioned in the WP (C) No. 15903/2022 are referred to in the present judgment.
4. The dispute between the petitioner management/IARI and the daily rated workman of IARI was referred to Industrial Tribunal-cum- Labour Court, Dwarka, Delhi vide letter No. L-4201/14/2014/IR (DU) dated 12.03.2014 under clause (d) of sub-section (1) and sub-section (2A) of the Section 10 of the Industrial Disputes Act, 1947 for adjudication of an industrial dispute, terms of which are as under:-
"Whether non payment of 1/30th of Pay at the minimum of relevant pay-scale +DA to the workman Shri Ram Manohar Mehto and others in the tune of instructions of F.No.24 (6)/99- CPN dated 16.12.1988 and non regularization of their services till date are just, fair and legal ? It no, what relief the workmen concerned are entitled to?"
5. The learned Tribunal vide award dated 08.08.2018 answered the references in affirmative and, inter alia, held as under:-
"Having regard to the aforesaid facts and circumstances of the case, this Tribunal is of the considered view that the workmen/claimants are entitled to get 1/30th of pay at the Signature Not Verified Digitally Signed By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 15 of 18 Signing Date:23.03.2023 16:28:21 NEUTRAL CITATION NO: 2023:DHC:1974 minimum of relevant pay-scale + DA in terms of instructions bearing F.No. 24(6)/99-CPN dated 16.12.201988 and they are also entitled to be regularized in terms of the DOPT's memo dated 11/2/2006. The award is passed accordingly."
6. The respondent/workman filed LCA No. 1501/2019 under Section 33-C(2) of the Industrial Disputes Act before the learned Tribunal for seeking pay and allowances w.e.f. their initial date of appointment as daily paid labourer in IARI on the basis of Award dated 08.08.2018 alongwith interest. The learned tribunal vide ex-parte order dated 11.04.2022 had allowed the said LCAs whereby it has been directed that the amount claimed by the respondent/workman shall be paid to them within 90 days of the order and in case, the said amount is not paid within 90 days from the date of the order, the petitioner/management shall also be liable to pay interest. Being aggrieved the present petition has been filed. ARGUMENTS BY LEARNED COUNSEL FOR THE PETITIONER.
7. Learned counsel for the appellant contented that post-pandemic, the physical hearing of the court proceedings were just resuming and hence, there was a lot of confusion regarding the listing of matters before various forums. The petitioner/management wrote various letters to the Registry of the learned Tribunal enquiring about the listing of the said matters. However, no intimation was given to them by the Registry of learned Tribunal
8. Being unaware of the listing of the matters, petitioner/management could not appear before the learned Tribunal on 11.04.2022 and the learned Tribunal passed the ex-parte order dated 11.04.2022. The petitioner/management filed recalling application's before the learned Tribunal and the respondent/workman had filed their respective response Signature Not Verified Digitally Signed By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 16 of 18 Signing Date:23.03.2023 16:28:21 NEUTRAL CITATION NO: 2023:DHC:1974 to the said applications.
9. The learned counsel for the petitioner submits that in view of the judgment of the Hon'ble Supreme Court in M/s Haryana Suraj Malting Ltd. versus Phool Chand reported as 2018 (18) SCC 567, the learned Tribunal has the power to recall ex-parte award/order(s).
10. Learned counsel further submits that the recalling applications were pending consideration before the learned Tribunal, however, without any application of mind, the Regional Labour Commissioner (Central), Delhi had issued the impugned communications dated 11.10.2022 alongwith requisition form to the District Collection Officer/ Collector, SDM, Karol Bagh for recovery of the amount due to the workman/respondent in terms of the order dated 11.04.2022. Being aggrieved by the said communications dated 11.10.2022, the petitioner has filed the present writ petitions.
LEGAL ANALYSIS
10. Notice had been issued in these matters and the court has stayed the recovery proceedings initiated in terms of the order dated 11.04.2022 in various LCAs.
11. This court has examined the matter in details. The recalling applications filed by the petitioner is pending consideration before the learned Tribunal and it is stated that the same is listed for hearing on 24.03.2023. The communications dated 11.10.2022 have emanated from the order dated 11.04.2022 and since the applications for recalling the said order are itself pending before the Regional Labour Commissioner, the communication dated 11.10.2022 ought not to have been issued by the Regional Labour Commissioner. In view of the same, the communications Signature Not Verified Digitally Signed By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 17 of 18 Signing Date:23.03.2023 16:28:21 NEUTRAL CITATION NO: 2023:DHC:1974 dated 11.10.2022 issued in pursuance of the order dated 11.04.2022 is hereby set aside.
12. The parties are directed to present their respective cases before the learned Labour Commissioner on the date fixed. Though, no Counter affidavits have been filed by the respondents, but learned counsel for the respondents have stated that they have no objection if the present writ petitions are disposed of with direction to learned Labour Commissioner to decide the pending recalling applications expeditiously.
13. This court without expressing any opinion on the merit of the matter is of the view that there is no purpose in keeping the present writ petitions pending. Labour Commissioner is directed to decide the pending application as expeditiously as possible.
14. With these observations, the present writ petitions are allowed.
15. All pending applications are disposed of.
16. No orders as to costs.
GAURANG KANTH, J.
FEBRUARY 28, 2023 MS Signature Not Verified Digitally Signed By:KOMAL DHAWAN W.P.(C) 15903/2022 and other connected matters Page 18 of 18 Signing Date:23.03.2023 16:28:21