Delhi High Court - Orders
The Registrar Chancellor Jamia Hamdard ... vs Mumtaz Jahan & Ors on 1 August, 2024
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9838/2024
THE REGISTRAR CHANCELLOR JAMIA HAMDARD AND
ANR. .....Petitioners
Through: Mr. Mohinder J.S Rupal and Mr.
Hardik Rupal, Advocates.
versus
MUMTAZ JAHAN & Ors. .....Respondents
Through: Ms. Meghna De and Ms. L. Gangmei,
Advocates.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 01.08.2024 CM APPL. 40377/2024 [Exemption from filing original/typed/clear copies of documents]
1. Allowed, subject to the Petitioners filing original/typed/clear copies of the documents alongwith affidavit within a period of four weeks.
2. The Application stands disposed of.
W.P.(C) 9838/2024 & CM APPL. 40376/2024 [Interim relief]
3. The present petition has been filed inter alia praying as follows:
"A. Issue an appropriate writ, order, or direction quashing and setting aside the Impugned Award dated 14.12.2023 passed by the Industrial Tribunal-I, Rouse Avenue District Courts, New Delhi, in POIT No. 13/2023.
B. Pass an ad-interim order staying· the impugned award dated 14.12.2023 2023 passed by the Industrial Tribunal-I, Rouse Avenue District Courts, New Delhi, in POIT No. 13/2023.
C. Pass an appropriate order, direction thereby staying the Notice of appearance under section 33C (1) of the Industrial Disputes Act, 1947 dated 06.06.2024 issued by the Office of Deputy Labour Commissioner, South East District, Labour Department, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/08/2024 at 03:38:45 Government of NCT of Delhi, where the next date of appearance is on 05.08.2024.
D. Pass such and any further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. At the outset, learned Counsel appearing for the Respondents on advance service, raises a preliminary objection in the matter. He submits that the issue involved in the present petition is covered by a recent judgment of a Division Bench of this Court dated 25.07.2024 in the matter titled as Govt. of NCT of Delhi Through Directorate of Family Welfare v. Nisha & Ors. in LPA 530/2024 dated 25.07.2024.
5. Learned Counsel for the Petitioners submits that the facts obtaining in the abovementioned case, as cited by the Respondents, are different from the present case. In the present case, what has been held by learned Industrial Tribunal, is that the Workman was entitled to regularisation from June, 1997 to 17.10.2003 as well. However, it is the case of the Petitioners that the Workman worked from 13.05.1997 to 13.05.2003 as an ad hoc staff nurse/daily-wager in terms of the policy as was existing at that time, and could have only become eligible for contractual appointment after completion of 6 years. It is only after that the Workman was granted regularisation, thus, there is no question of regularisation being granted from 13.05.1997.
5.1 Learned Counsel for the Petitioners further submits that the computation, as set out in the Application under Section 33(C) of the Industrial Disputes Act, 1947 is incorrect. He seeks time to place the correct computation on record alongwith an affidavit.
6. Learned Counsel for the Respondents refutes the above and contends This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/08/2024 at 03:38:45 that regularisation has been correctly granted to the Respondent/Workman.
7. Issue Notice.
7.1 Learned Counsel for the Respondents accepts notice.
8. Counter-Affidavit be filed within a period of four weeks. 8.1 Rejoinder, if any, be filed within a period of two weeks thereafter.
9. Registry is directed to summon the digital copy of the Trial Court Record duly paginated and book-marked in accordance with the rules of the High Court.
10. Learned Counsel for the parties shall also file their respective written synopsis, not exceeding three pages each, at least one week before the next date of hearing, along with the compilation of judgments, if any, they wish to rely upon.
10.1 All judgments sought to be relied upon by the learned Counsel for the parties shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.
11. The Petitioners are at liberty to approach the Court in case the directions for coercive steps are issued.
11.1 The Petitioner shall also pay the litigation expenses in the sum of Rs.30,000/- to the Workman within a period of four weeks.
12. List on 06.11.2024.
13. Parties shall act based on a digitally signed copy of the order.
TARA VITASTA GANJU, J AUGUST 1, 2024/pa Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/08/2024 at 03:38:47