Delhi High Court - Orders
The Management Of Sh. Moolchand ... vs Ms. Thresiamma George on 10 November, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:12.11.2021 16:59:18
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13418/2018 & CM APPLs. 39614/2021 & 39622/2021
THE MANAGEMENT OF SH. MOOLCHAND KHAIRATI RAM
HOSPITAL AND AYURVEDIC RESEARCH INSTITUTE
..... Petitioner
Through: Mr. Dhananjai Rao, Advocate
versus
MS. THRESIAMMA GEORGE ..... Respondent
Through: Mr. N.D.Pancholi, Mr. Amit
Srivastav and Mr. Deepak, Advocates
(M: 9968437413)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 10.11.2021
1. This hearing has been done through hybrid mode.
2. CM APPLs. 39614/2021 is an application filed by the Respondent, seeking early hearing of the petition, specifically for hearing the application under Section 17B of the Industrial Disputes Act, 1947 (hereinafter "Act"), being C.M. No.5839/2020.
3. The Respondent was working as a Nurse at the Petitioner-Hospital and was dismissed from service on 14th September, 1998. This dismissal has been held to be illegal and unjustified by the Labour Court which has granted reinstatement with full back wages vide order dated 10th April, 2018 in ID No. 5223-16 titled Mrs. Threissiamma George v. Management of Sh. Moolchand Kharirati Ram Hospital & Ayurvedic Research Institute. However, today it is not in dispute that the Respondent would have superannuated even if she was in service. The question that arises is as to whether the application under Section 17B of the Act, can be allowed Digitally Signed By:DEVANSHU JOSHI Signing Date:12.11.2021 16:59:18 under such circumstances. No reply has been filed by the Petitioner.
4. Last and final opportunity is granted to file the reply to the application under Section 17B, failing which the application would be heard without a reply.
5. Early hearing is allowed. Accordingly, CM APPLs. 39614/2021 is disposed of.
6. CM APPL. 39622/2021 has been filed by the Respondent seeking permission to place on record written submissions. The same is taken on record and copies of the judgments relied upon by ld. counsel for the Respondent are stated to have been supplied to ld. counsel for the Petitioner. Accordingly, this application is disposed of.
7. List the matter on 21st January, 2022, for hearing the application under Section 17B of the Act.
PRATHIBA M. SINGH, J NOVEMBER 10, 2021 mw/MS