Delhi High Court - Orders
Sanjeev Kumar vs Sub Divisional Magistrate Dwarka And ... on 8 December, 2023
$~10, 11, 13, 14 & 16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
10
+ W.P.(C) 15796/2023&CM APPL. 63579/2023.
SANJEEV KUMAR ..... Petitioner
Through: Ms. Meghna De & Ms. L. Gangmei,
Advs.
versus
SUB DIVISIONAL MAGISTRATE DWARKA AND ANR
..... Respondents
Through: Mr. Karan Bhardwaj, ASC (GNCTD)
with Mr. Shubham Singh & Mr. Rajat
Gaba, Advs. for R-1
Ms. Nidhi Raman, CGSC with Mr.
Zubin Singh, Adv. for R-2
11
+ W.P.(C) 15799/2023&CM APPL. 63582/2023.
DHEERAJ KUMAR ..... Petitioner
Through: Ms. Meghna De & Ms. L. Gangmei,
Advs.
versus
SUB DIVISIONAL MAGISTRATE DWARKA AND ANR
..... Respondents
Through: Mr. Arjun Mahajan, SPC for UOI with
Ms. Neha Rai &Mr. Apoorv
Upmanyu, Advs.
13
+ W.P.(C) 15803/2023&CM APPL. 63587/2023.
SANDEEP KUMAR ..... Petitioner
Through: Ms. Meghna De & Ms. L. Gangmei,
Advs.
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 13/12/2023 at 03:57:57
versus
SUB DIVISIONAL MAGISTRATE (DWARKA) AND ANR
..... Respondents
Through: Ms. Manmeet Kaur Sareen, Adv. for
Mr. Kirtiman Singh, CGSC
14
+ W.P.(C) 15805/2023&CM APPL. 63591/2023.
RAMA KANT ..... Petitioner
Through: Ms. Meghna De & Ms. L. Gangmei,
Advs.
versus
SUB DIVISIONAL MAGISTRATE DWARKA AND ANR
..... Respondents
Through: Ms. Manmeet Kaur Sareen, Adv. for
Mr. Kirtiman Singh, CGSC
16
+ W.P.(C) 15833/2023&CM APPL. 63700/2023.
RAJU KUMAR SAH ..... Petitioner
Through: Ms. Meghna De & Ms. L. Gangmei,
Advs.
versus
SUB DIVISIONAL MAGISTRATE DWARKA AND ANR
..... Respondents
Through: Mr. Arjun Mahajan, SPC for UOI with
Ms. Neha Rai &Mr. Apoorv
Upmanyu, Advs.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 08.12.2023 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 13/12/2023 at 03:57:57 CM APPL. 63579/2023 in W.P.(C) 15796/2023; CM APPL. 63582/2023 in W.P.(C) 15799/2023; CM APPL. 63587/2023 in W.P.(C) 15803/2023; CM APPL. 63591/2023 in W.P.(C) 15805/2023 & CM APPL. 63700/2023 in W.P.(C) 15833/2023
1. Exemptions allowed, subject to all just exceptions.
2. All these applications stand disposed of.
W.P.(C) 15796/2023, W.P.(C) 15799/2023, W.P.(C) 15803/2023, W.P.(C) 15805/2023 & W.P.(C) 15833/2023
1. These petitions have been filed by various petitioners- workers seeking directions for implementing the recovery in terms of recovery certificates dated 7th August, 2023 arising from award dated 1st April, 2014 in ID No.108/2012. As per the said award the workers were reinstated in service in service and held entitled to 40% of last drawn wages as back wages for the interregnum period. These workers were employed with the respondent (Controller General of Patent and Design Trade Marks) and were suddenly disengaged from 31st March, 2009. Pursuant to the said award, the Union of India challenged the same before this Court through writ petition no.3495/2015 (UOI v. Raju Kumar Shah) along with other connected petitions. A judgment dated 20th January, 2020 was passed by this Court dismissing the said writ petitions.
2. Thereafter, since the award which had become final was not being implemented, a contempt petition was also filed being Cont. Cas No.216/2020 (Dheeraj Kumar V. UOI) along with other contempt petitions. At that stage it was mentioned that LPAs were pending against the judgment dated 3rd January, 2022 and therefore, the contempt petitions were not pursued. Later it transpired that the said LPAs (LPA 89/2020, UOI v. Sanjeev Kumar and connected LPAs) were not pressed by UOI and they were 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 13/12/2023 at 03:57:58 accordingly disposed of by order dated 31st July, 2023. Since the award became final, recovery certificates dated 7th August, 2023 have been issued.
3. Issue notice.
4. Learned counsels for the respondents accept notice and seek time to take instructions with respect to the implementation of the said award which has now become final.
5. Learned counsel appearing for the SDM shall file a status report regarding the implementation and execution of the recovery certificate before the next date of hearing.
6. List on 31st January, 2024.
7. Order be uploaded on the website of this Court.
ANISH DAYAL, J DECEMBER 8, 2023/sm 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 13/12/2023 at 03:57:58