Delhi High Court - Orders
The General Manager, Ashok Hotel (Unit ... vs The President, Ashok Hotel Mazdoor ... on 29 January, 2019
Author: Rekha Palli
Bench: Rekha Palli
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7300/2017 & CM No.30236/2017 (for stay)
THE GENERAL MANAGER, ASHOK HOTEL
(UNIT OF ITDC) ..... Petitioner
Through Mr.Anish Chawla, Adv. with
Mr.Neeraj Kumar, Adv.
versus
THE PRESIDENT, ASHOK HOTEL MAZDOOR
JANTA UNION ..... Respondent
Through Mr.S.S. Upadhyaya, A.R. for
President of Union.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 29.01.2019
W.P.(C) No.7300/2017
1. The lower court record has not been requisitioned. Learned counsel for the petitioner states that he would need to refer to the said record during arguments and, therefore, prays that the lower Court record be requisitioned.
2. As prayed, let the lower court record be requisitioned for the next date.
3. List on 22nd April, 2019.
CM No.42084/2017 (for directions)
1. Vide the present application, the applicant besides seeking litigation expenses, seeks a direction to the petitioner to pay at least Rs.20,000/- per month to all the unskilled employees and Rs.30,000/- per month to the skilled employees, totalling 13 in number whose details are given in Annexure R-1 to the application, by contending that once similarly placed regular employees are getting at least Rs.40,000/- to 50,000/- per month, there is no reason as to why these thirteen employees should also not be paid the same wages. The respondent/applicant also seeks a direction to the petitioner to pay the difference of backwages totalling a sum of Rs.94,50,000/- (approx.) to the aforesaid 13 employees. Though a reply has been filed by the petitioner, the same does not disclose the salary being paid to the regular employees carrying out similar nature of duties as being carried out by the 13 workmen referred to in the application and, therefore, this Court is, at this stage, unable to effectively deal with the aforesaid two reliefs sought in the application. At this stage, learned counsel for the petitioner prays for and is granted two weeks' time to file an additional affidavit clearly setting out the salary being paid to the regular employees carrying out similar duties as being carried out by the aforesaid thirteen employees. A response thereto, if any, be filed by the applicant within two weeks thereafter.
2. In the meanwhile, the petitioner is directed to pay Rs.25,000/- as litigation expenses to the respondent within two weeks
3. List the application for consideration regarding prayer nos.1 & 2 on 22nd April, 2019.
Dasti.
JANUARY 29, 2019/aa REKHA PALLI, J