Delhi High Court - Orders
Ultratech Cement Ltd. & Anr vs National Commission For Scheduled ... on 10 April, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4395/2023 and CM APPL. 16933/2023, 16934/2023,
16955/2023
ULTRATECH CEMENT LTD. & ANR. ..... Petitioners
Through: Mr. Dayan Krishnan, Sr. Adv. with
Mr. Mahesh Agarwal, Mr. Rishi
Agrawala, Mr. Rohan Talwar, Mr.
Pratham Vir Agarwal and Mr. Sukrit
Seth, Advs.
versus
NATIONAL COMMISSION FOR SCHEDULED
TRIBES & ORS. ..... Respondents
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 10.04.2023
1. This hearing has been done through hybrid mode. CM APPL.16955/2023 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 4395/2023 & CM APPLs.16933-34/2023 At 10.30 AM:
3. The matter is listed in the supplementary list today which is usually taken up in the post- lunch session. However, the same has been taken up on mentioning by Mr. Dayan Krishnan, Ld. Sr. Counsel as the hearing is fixed before the National Commission for Scheduled Tribes ("NCST") at 11.30.AM and personal presence of the Managing Director has been ordered.
4. The Petitioner No.1 - UltraTech Cement Ltd. is a company engaged in Signature Not Verified Digitally Signed By:RAHUL Signing Date:11.04.2023 18:51:31 the manufacture and sale of cement and related products. The Petitioner No. 2- Mr. Kailash Chand Jhanwar is the Managing Director of Petitioner No.1.
5. The Petitioners are aggrieved by the summons issued by the National Commission for Scheduled Tribes ("NCST") dated 27th March, 2023 directing the personal appearance of the Managing Director. The said notice/summons is stated to have been issued under Article 338A of the Constitution of India, pursuant to complaints filed by the Respondent Nos. 2 to 5, who have alleged that the Petitioner No.1-company is not providing sufficient employment to persons belonging to Scheduled Tribes.
6. Mr. Dayan Krishnan, ld. Senior Counsel submits that the NCST does not have jurisdiction in cases relating to employment etc. and hence the present writ petition.
7. For the time being, since the summons for personal appearance of Petitioner No. 2 before the NCST are today at 11:30 am, exemption is granted for Petitioner No.2's personal appearance before NCST, subject to the condition that the Petitioner No.1-company would be duly represented by a competent official of the Petitioner-company before the NCST.
8. Mr. Dayan Krishnan, ld. Senior Counsel submits that Mr. Bhupender Singh, Assistant Vice President of the Petitioner No.1 shall appear before the NCST.
9. Let the matter be called again post-lunch.
PRATHIBA M. SINGH, J.
APRIL 10, 2023/dk/dn Signature Not Verified Digitally Signed By:RAHUL Signing Date:11.04.2023 18:51:31 At 3:30 pm
10. The matter is now taken up at 3:30 pm in the supplementary list.
11. Mr. Krishnan, ld. Senior Counsel submits that the NCST and the Respondents have been informed of the filing of the present writ petition. Further, it was also informed that an exemption was also granted for Petitioner no.2's appearance before the NCST. A copy of the writ petition is also stated to be served on the Respondents.
12. However, none appears in the Court for the Respondents No.2-5-the Complainants in the matter before the NCST.
13. Mr. Krishnan, ld. Senior Counsel relies upon the Rules 9.1, 9.3.4 and 9.3.8 of Rules of Procedure of the National Commission for Scheduled Tribes, 2021 ("2021 Rules") to argue that matters relating to the employment cannot be gone into by the NCST unless permitted in the Rules. He also relies upon the decision of ld. Division Bench of this Court in Era Rani Shubh v. State Bank of India [2018 SCC OnLine Del 11247] to the effect that unless there are allegations in the complaint relating to caste based discrimination, the Commission lacks jurisdiction.
14. Let formal notice be issued to the Respondents.
15. In the meantime, any further orders passed by the NCST shall be subject to the outcome of this writ petition.
16. List before the Registrar on 25th May, 2023 for completion of service.
17. List before the Court on 6th October, 2023.
PRATHIBA M. SINGH, J.
APRIL 10, 2023/dk/dn Signature Not Verified Digitally Signed By:RAHUL Signing Date:11.04.2023 18:51:31