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M/S. Nns Online Pvt. Ltd vs Govt. Of Nct Of Delhi Territory Of Delhi & ... on 29 January, 2021

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                          $~10
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CONT.CAS(C) 90/2021 and CM APPL. No. 3177/2021
                                 M/S. NNS ONLINE PVT. LTD.                                  ....Petitioner
                                                    Through :    Ms. Smriti Dua, Adv.
                                                    versus
                                 GOVT. OF NCT OF DELHI TERRITORY OF DELHI & ORS.
                                                                         ....Respondents
                                               Through : None
                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                                   ORDER

% 29.01.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM APPL.No. 3177/2021

1. Allowed, subject to just exceptions.

CONT.CAS(C) 90/2021

2. Via this contempt petition, in brief, it is sought to be articulated on behalf of the petitioner, by Ms. Smriti Dua, that, despite the order of this Court dated 13.03.2020, passed in W.P.(C) No.2726/2020, whereby, inter alia, while issuing notice to respondent no. 2, despite the award dated 20.02.2020 being stayed, proceedings are taken out by respondent no. 3/Deputy Labour Commissioner for implementation of the said award. 2.1. In support of this plea, reference was made to the notice for appearance dated 27.11.2020 issued by the office of the Joint Labour Commissioner (West District), Labour Department, Govt. of NCT of Delhi.

2.2. In the concluding part of this notice, reference is made to the order dated 25.11.2020, passed by this Court, in W.P.(C) 2726/2020, and the judgement of the Supreme Court, passed in miscellaneous application i.e. 1577/2020 in Crl. App. No. 1375-76/2013.

2.3. Via this notice, the petitioner and its directors were directed to appear before the Deputy Labour Commissioner, West District on 10.12.2020. Ms. Dua informs me that the next date fixed by the Deputy Labour Commissioner, West District is 01.02.2021.

2.4. I had asked Ms. Dua as to whether she has placed on record the order dated 25.11.2020, passed by this Court, in W.P.(C) No.2726/2020. Ms. Dua was not able to place the said order before me. However, I had the order extracted from the High Court website. The order was screenshared. 2.5. A perusal of the said order shows that on the said date there was no representation on behalf of the petitioner, although, an advocate had appeared for respondent no.1. Clearly, the petitioner was remiss in not having its advocates readily present in Court on 25.11.2020. 2.6. Resultantly, it appears, it could not be brought to the notice of the Court that the interlocutory application for stay in the aforementioned writ petition was pending, and interim relief had been granted qua the award dated 20.02.2020. The fact, however, remains that on 13.03.2020 the coordinate bench had granted stay of the award. 2.7. The operative part of the order dated 13.03.2020 did not limit the interim relief to the next date of hearing. Therefore, in my view, it is evident that the stay operates vis-a-vis the award dated 20.02.2020.

2.8. Given these circumstances, the respondents are directed to bear this aspect in mind.

3. The contempt petition is, accordingly, disposed of in the aforesaid terms.

4. The petitioner will be at liberty to place the order passed today before the Deputy Labour Commissioner i.e. respondent no.3.

RAJIV SHAKDHER, J JANUARY 29, 2021 rb Click here to check corrigendum, if any CONT.CAS(C) 90/2021 3/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:01.02.2021 16:59:20