Delhi High Court - Orders
M/S Ashok Hotel vs Ashok Hotel Mazdoor Janta Union & Ors on 25 February, 2021
Author: Jyoti Singh
Bench: Jyoti Singh
$~A-5 to 7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
5
+ W.P.(C) 4832/2016 & CM APPL. 17702/2017 & 25822/2020
M/S ASHOK HOTEL ..... Petitioner
Through: Mr. Ravi Sikri, Sr. Advocate with Mr.
Anurag Ranjan & Mr. Deepank
Yadav, Advocates with Mr. Vijay
Dutt, General Manager
versus
ASHOK HOTEL MAZDOOR JANTA UNION & ORS
..... Respondents
Through: Mr. A.P. Dhamija, Mr. J.P. Singh &
Ms. Tanya Sharma, Advocates
6
+ W.P.(C) 6482/2016 & CM APPL. 17700/2017
M/S ASHOK HOTEL ..... Petitioner
Through: Mr. Ravi Sikri, Sr. Advocate with Mr.
Anurag Ranjan & Mr. Deepank
Yadav, Advocates with Mr. Vijay
Dutt, General Manager
versus
ASHOK HOTEL MAZDOOR JANTA UNION & ORS
..... Respondents
Through: Mr. A.P. Dhamija, Mr. J.P. Singh &
Ms. Tanya Sharma, Advocates
7
+ W.P.(C) 6697/2016
M/S ASHOK HOTEL ..... Petitioner
Through: Mr. Ravi Sikri, Sr. Advocate with Mr.
Anurag Ranjan & Mr. Deepank
Yadav, Advocates with Mr. Vijay
Dutt, General Manager
Signature Not Verified
Digitally Signed
By:SARABJEET KAUR
Signing Date:26.02.2021
18:54:30
versus
ASHOK HOTEL MAZDOOR JANTA UNION & ANR.
..... Respondents
Through: Mr. A.P. Dhamija, Mr. J.P. Singh &
Ms. Tanya Sharma, Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 25.02.2021 Hearing has been conducted through Video Conferencing. Vide order dated 15.02.2021, this Court had issued notice of contempt against Mr. Vijay Dutt, General Manager of the Petitioner and he was directed to remain present in Court today.
Mr. Vijay Dutt is present in Court. Mr. Ravi Sikri Learned Senior Counsel for the Petitioner draws the attention of the Court to the order dated 15.02.2021 and submits that an affidavit in terms of the said order has been filed along with Annexure-A, which is a Chart detailing the amounts that have been paid to some of the workmen herein under Section 17B of the Industrial Disputes Act, 1947.
Mr. A.P. Dhamija, learned counsel appearing for the respondents, however, submits that the affidavit is not in terms of the two orders passed by this Court. He firstly draws the attention of the Court to an order passed by the Court on 05.03.2020 and submits that the Court had categorically stated that the amounts to be disbursed to the workmen will factor in the interest element as well. He also draws the attention of the Court to para 1.1 of the order passed on 15.02.2021, wherein a direction was issued to the Management to indicate in the affidavit the breakup of the amount and the Signature Not Verified Digitally Signed By:SARABJEET KAUR Signing Date:26.02.2021 18:54:30 period for which the amounts are to be paid. He further submits that necessary details are missing in the Chart filed along with the affidavit.
Mr. Sikri per contra draws the attention of the Court to the order dated 14.12.2020 to bring home the point that in fact it were the workmen who were required to fulfil certain formalities before the dues could be disbursed to them and specifically points to para 4 of the said order which is as follows :-
"4. Ld. Counsels shall, in order to enable reconciliation and payment, if any, undertake the following steps :-
i. Mr. Dhamija shall, within a week, send to ld. Sr. Counsel for the Management the dues according to him qua each of the Workmen.
ii. Cancelled cheques, Aadhar Card / PAN card, or any other identity card which may be required by the Management, along with the bank account details, shall also be sent to ld. Sr. Counsel for the Management within one week.
iii.Upon receipt of the above information, if any part of the amount is stated to be due and admitted as such, payment shall be made to the Workmen before the next date of hearing."
Mr. Sikri also submits that on 15.02.2021 the Petitioners had informed the Court that some of the workmen had been paid their dues, which was a matter of record, yet counsel for the workmen had denied the receipt of money, which was incorrect. Mr. Sikri also points out that while in the affidavit it is indicated that 5 out of 8 workmen who are party respondents in the present petition have been paid, however, as a matter of record the remaining 3 workmen have also been paid on 19.02.2021.
Signature Not Verified Digitally Signed By:SARABJEET KAUR Signing Date:26.02.2021 18:54:30The Court, however, finds that the affidavit filed by the Petitioner pursuant to the order dated 15.02.2021 does not disclose the details necessitated by the directions in para 1.1 of the said order. Likewise prima facie there is no compliance of the order dated 05.03.2020.
At this stage, Mr. Sikri seeks a further period of two weeks to file a detailed affidavit in compliance of the two orders referred to above. It is open to the Petitioner to place on record the details of the payments made to the remaining three workmen.
Let the Additional Affidavit be filed within two weeks from today. It is open to the Respondents to file a response to the additional affidavit, within one week thereafter.
Mr. Vijay Dutt shall remain present in Court on the next date of hearing.
List on 9th April, 2021.
JYOTI SINGH, J FEBRUARY 25, 2021 rd Signature Not Verified Digitally Signed By:SARABJEET KAUR Signing Date:26.02.2021 18:54:30