M/S Ashok Hotel vs Akhlinder And Anr on 25 July, 2022

[Cites 1, Cited by 0]

Delhi High Court - Orders

M/S Ashok Hotel vs Akhlinder And Anr on 25 July, 2022

Bench: Dinesh Kumar Sharma

                          $~3
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 12484/2021
                                 M/S ASHOK HOTEL                                     ..... Petitioner
                                                    Through:     Mr. Ravi Sikri, Sr. Adv. with Ms.
                                                                 Sumitra Chaudhary and Ms. Akshita
                                                                 Raina, Advs.
                                                    versus
                                 AKHLINDER AND ANR                                   ..... Respondents
                                                    Through:     Mr. S. S. Upadhyay, President of
                                                                 Ashok Hotel Mazdoor and Janta
                                                                 Union with AR of Workman.

                                 CORAM:
                                 HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                                    ORDER

                          %                         25.07.2022
                          W.P.(C) 12484/2021
                                 Issue notice.

Mr. S. S. Upadhyay, President of Ashok Hotel Mazdoor and Janta Union/respondent No.2 accepts notice and seeks time to file counter affidavit.

List the matter before the Registrar for completion of pleadings on 2 nd September, 2022.

List this matter before the Court on 9th November, 2022.

CM APPL. 39258/2021

Sh. Ravi Sikri, learned senior counsel for the petitioner submits that after filing the writ petition respondent-workman has filed an execution petition No. 52 of 2020 which is pending before the learned ADJ -04, Patiala Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:28.07.2022 14:03:12 House Court, New Delhi.

Learned counsel for the petitioner submits that execution proceedings may be stayed. Learned senior counsel submits that as reflected from the order dated 08th November, 2021 passed in the present case, the plea of the petitioner-Management is that workman himself admitted in the rejoinder filed before the learned Labour Court that he was engaged only through contractors.

Learned senior counsel submits that the issue that whether these workmen are employees of M/s Ashok Hotel or are contractual employee is subject matter of the other writ petitions Nos. 4238/2016 and 7599/2020.

Learned senior counsel also submits that this similar matter is also a subject matter of adjudication in LPA No. 199 of 2013 tilted as Management of Ashok Hotel v. Their Workmen and Anr.

Learned senior counsel submits that in the other writ petitions as referred hereinabove, stay has been granted by this Court.

Learned senior counsel therefore submits that the execution proceedings may be stayed.

Mr. S.S.Upadhyay, President of the Union submits that the cases referred by the learned senior counsel pertains to regularization whereas in the present case, the workmen have been illegally retrenched in violation of Section 25 FF of the Industrial Disputes Act, 1947.

He submits that therefore, the execution proceedings may not be stayed or the management may be directed to deposit the amount with the Court. He further submits that execution petition is for recovery of around Rs.7 lacs. He further submits that litigation expenses may also be awarded.

Mr. Sikri, learned senior counsel in all fairness submits that the Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:28.07.2022 14:03:12 management has no objection to grant of litigation expenses. However, it is pointed out there is only one workman in the present case.

Let the litigation expenses in the sum of Rs.25,000/- be awarded to the workman. The execution petition shall remain stayed subject to petitioner/management depositing Rs.3.5 lacs with the Registrar of this Court within four weeks.

The amount be kept in Fixed Deposit with the interest recurring on the same.

List the matter before this Court on 9th November, 2022.

DINESH KUMAR SHARMA, J JULY 25, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:28.07.2022 14:03:12

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders