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Delhi High Court - Orders

The Management Of Ashok Hotel Itdc vs Perumal & Anr on 22 March, 2021

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~30
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 5658/2008
                                THE MANAGEMENT OF ASHOK HOTEL ITDC ..... Petitioner
                                                   Through      Mr. Ravi Sikri, Sr. Advocate with Mr.
                                                                Deepank Yadav and Mr. Arun
                                                                Sanwal, Advocates.

                                                   versus

                                PERUMAL & ANR.                                    ..... Respondents
                                            Through             None.

                                CORAM:
                                HON'BLE MS. JUSTICE JYOTI SINGH
                                        ORDER
                          %             22.03.2021

                          CM No. 11396/2021

This is an application filed by the Petitioner seeking directions to Respondent No. 1 to refund the amount received under Section 17B of the Industrial Disputes Act, 1947 along with 18% interest and litigation expenses after vacating the order dated 06.09.2011.

Mr. Ravi Sikri learned Senior Counsel appearing on behalf of the Petitioner submits that Respondent No. 1/Workman herein had filed an affidavit categorically bringing on record that he was unemployed. He submits that however it has come to the notice of the Petitioner that Respondent No. 1 is gainfully employed and has been working in the NDMC in Horticulture Department as a Muster Roll Employee.

In support of these submissions, Mr. Sikri has placed on record a letter written by the Petitioner to the NDMC and a response received from Signature Not Verified Digitally Signed By:SARABJEET KAUR Signing Date:25.03.2021 13:00:44 the NDMC, which is to the effect that in fact, the Respondent No. 1 has been working with the NDMC from 2009 to 2014 as a temporary Muster Roll Employee and since 2014 he is on regular Muster Roll.

Issue notice to the Respondent No. 1 on the Petitioner taking requisite steps, through all permissible modes, returnable on 28.04.2021.

CM No. 11267/2021

List on 28.04.2021.

JYOTI SINGH, J MARCH 22, 2021 yo/ Signature Not Verified Digitally Signed By:SARABJEET KAUR Signing Date:25.03.2021 13:00:44