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Vikas Kumar Sharma vs Bsh Household Appliances ... on 7 October, 2021

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Talwant Singh

           $~55(2021)
           *    IN THE HIGH COURT OF DELHI AT NEW DELHI
           +    LPA 365/2021 & CM Nos.35553-55/2021
                VIKAS KUMAR SHARMA                        ..... Appellant
                                Through : Mr. Anuj Aggarwal, Adv.
                                versus
                BSH HOUSEHOLD APPLIANCES
                MANUFACTURING PVT LTD                     ..... Respondent
                                Through : None.
                CORAM:
                HON'BLE MR. JUSTICE RAJIV SHAKDHER
                HON'BLE MR. JUSTICE TALWANT SINGH
                          ORDER

% 07.10.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM No.35553/2021

1. Allowed, subject to just exceptions.

CM No.35554/2021[Application filed on behalf of the appellant for taking additional documents on record] CM No.35555/2021[Application filed on behalf of the appellant for interim relief]

2. This appeal is directed against the order dated 09.09.2021, passed by the learned single judge in W.P.(C.) 7188/2019.

2.1 The limited grievance of the appellant i.e., the workman is that, although, the early hearing application preferred by him was allowed, a direction was issued by the learned single judge, which has the effect of listing the application, preferred under Section 17-B of the Industrial Disputes Act, 1947, along with the main matter i.e. the writ petition.

LPA 365/2021 page 1 of 2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 11:17:48

3. We may note that, the direction of the learned single judge, qua which the appellant/workman has articulated his grievance, is contained in paragraph 6 of the impugned order.

3.1. For the sake of convenience, paragraph 6 of the impugned order is extracted hereafter :

"6. List the matter in the main list on 9th November, 2021 for hearing of the application under Section 17B of the Industrial Disputes Act, 1947 first and then the main matter."

3.2. Mr. Anuj Aggarwal, who appears on behalf of the appellant, says that, the direction [which is extracted hereinabove] is contrary to the judgment of the Supreme Court rendered in Workmen v. Hindustan Vegetable Oils Corporation Ltd. & Ors., (2000) 9 SCC 534 as also the judgments rendered by two Division Benches of this Court i.e., in LPA No.1902/2006 titled Iklash Hussain v. Delhi Transport Corporation, dated 18.10.2006, and, in LPA No.190/2006 titled Airport Authority of India v. Puran Chand & Ors., dated 08.09.2006.

4. Issue notice to the respondent, via all permissible modes, including e- mail. Besides this, service will also be effected on the advocate, who appeared for the respondent before the learned single judge.

5. List the matter on 11.10.2021.

                                                                      RAJIV SHAKDHER, J



                                                                       TALWANT SINGH, J
           OCTOBER 7, 2021/aj
                                                        Click here to check corrigendum, if any
           LPA 365/2021                                                        page 2 of 2




Signature Not Verified
Digitally Signed By:PREM
MOHAN CHOUDHARY
Signing Date:08.10.2021
11:17:48