Delhi High Court - Orders
Rachna Mediratta And Ors vs Girdhari Lal And Anr on 3 June, 2022
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~1 & 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.R.P. 48/2022
RACHNA MEDIRATTA AND ORS. ..... Petitioners
Through: Mr.Praveen Suri, Mr.Sahil Kalra and
Ms.Konal Chhibbar, Advocates
versus
GIRDHARI LAL AND ANR. ..... Respondents
Through: Mr.Ashok Kumar Dhingra, Adv. for
R-2.
+ CM(M) 280/2022
RACHNA MEDIRATTA AND ORS. ..... Petitioners
Through: Mr.Praveen Suri, Mr.Sahil Kalra and
Ms.Konal Chhibbar, Advocates
versus
GIRDHARI LAL AND ANR. ..... Respondents
Through: Mr.Ashok Kumar Dhingra, Adv. for
R-2.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 03.06.2022 C.M.26141/2022 in C.R.P. 48/2022 C.M.26151/2022 in CM(M) 280/2022 (exemption) Exemptions are allowed subject to all just exceptions. Applications stand disposed of. C.M.26140/2022 in C.R.P. 48/2022 C.M.26150/2022 in CM(M) 280/2022 (for early disposal) Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 Learned counsel for the petitioner has insisted for stay of the proceedings before the learned Trial Court in Civil Suit No.626/2019.
I do not find any substance. This court already vide order dated 30.03.2022 in CM(M)280/2022 has held that the proceedings before the learned ADJ in Civil Suit No.626/2019 shall be subject to the outcome of present proceedings.
DINESH KUMAR SHARMA, J JUNE 3, 2022 rb Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8661/2019 MANAGEMENT OF TAJ MAHAL HOTEL ..... Petitioner Through: Mr.Kamal Kant Tyagi, advocate versus WORKMEN, C/O BHARTIYA MAZDOOR SANGH ..... Respondent Through: Mr.Vishal Saxena and Ms.Shalu Rajput, Advocates CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL. 45383/2019 Registry is directed to requisite e-copy of the lower court record positively for the next date of hearing.
Parties are also permitted to obtain copy of the records of the tribunal to assist the court on the next date of hearing.
Learned counsel for the respondents submits that they have already placed on record a short note giving the complete list of dates as to various orders and different rounds of litigation and has supplied the copies to the learned counsel for the petitioner.
List on 11th July, 2022.
DINESH KUMAR SHARMA, J
JUNE 3, 2022/rb
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:03.06.2022
19:33:01
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 585/2022
GANGA DUTT BHARDWAJ ..... Petitioner
Through: Mr.B.P.Singh and Mr.Santosh Kumar Sahu, Advocates versus RELIANCE GENERAL INSURANCE CO. LTD. & ORS.
..... Respondents Through: Mr.Nitesh Gupta, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 C.M.28073/2022 (exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of. CM(M) 585/2022 & C.M.28072/2022 (stay) The present petition has been filed by the owner of the offending vehicle. The facts as stated are that initially an ex-parte award was passed and thereafter the insurance company moved an application for setting aside the ex-parte. The ex-parte was set aside and thereafter, an award was passed. However, the owner and driver of the bus remained ex-parte. As stated by the learned counsel at the bar, the recovery rights were given to the insurance company. It has further been stated at bar that though the amount has been released to the legal heirs of the deceased, however, now the insurance company has filed an execution petition for recovery of amount Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 from the owner.
Issue notice to the respondents, returnable on 10th October, 2022. Mr.Nitesh Gupta, counsel for respondent no.1/insurance company accepts notice. Let reply be filed within four weeks.
In the meantime, execution petition bearing no.243/2020 shall remain stayed subject to deposit of 50% of the awarded amount by the petitioner with the tribunal till the next date of hearing.
DINESH KUMAR SHARMA, J JUNE 3, 2022 rb Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 482/2022, CM APPL. 24748/2022 (stay) RAGHUVENDRA SHARMA ..... Petitioner Through: Mr. Rakesh Chander Agrawal and Mr. Kartik Kumar Agrwal, Advs.
versus SMT SUNITA SHARMA ..... Respondent Through: Ms. Neeti Bhadwaj and Mr. Pankaj, Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 The present petition has been filed challenging the impugned order dated 4th April, 2022 whereby the petitioner's evidence was closed.
The plea of the petitioner is that PW-3/Dharmendra was partly cross- examined and for proper adjudication of the matter of the disputes, the PW-3 is to be conducted.
Learned counsel for the petitioner submits that the petitioner himself has been examined. However, the petitioner has yet to examine PW-Raj Kumar, S/o. Babu Ram and PW- Dhirendra Pathak, S/o. Arvind Kumar Pathak . The testimony of Dharmender Kumar, S/o. Nathi Lal is in progress and has been partly cross examined. The petitioner has to also produce the Record Clerk of the Court of ADJ, North East Kakardooma Courts with the judicial file of Suit No. 431 of 2016 and titled as Raghuvendra Sharma v. Sunita.
Learned counsel for the respondent has vehemently opposed the same Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 and has stated that the petitioner himself is responsible for delay. It has been submitted that due to petitioner's negligence and despite several opportunities, the petitioner has failed to complete the evidence. It has been stated that the only purpose of the petitioner is to delay the proceedings.
Learned counsel also submits that the respondent/wife is an illiterate lady and she has unnecessarily been dragged into the litigation and harassed.
I consider that without going into the merits of the case and only to see and ensure that there is a proper and expeditious adjudication of the matter in disputes, the order dated 4th April, 2022 is set aside.
It has been informed that the matter is fixed for 13th September, 2022. In view of the fact that the matter is of 2011, the learned Trial Court may consider giving three consecutive dates for recording the petitioner's evidence. The petitioner herein is directed to complete the evidence within three days as decided by the learned Trial Court. The respondent's counsel is also requested to be present and prepare for the cross examination of petitioner's witnesses. However, in order to compensate the respondent for delay caused, a cost of Rs.10,000/- is imposed upon the petitioner.
Parties are directed to appear before the learned Principal Judge, Family Court, Kakardooma Court, on 6th July, 2022.
In view of this, present petition along with pending applicaiton stands disposed of DINESH KUMAR SHARMA, J JUNE 3, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 582/2022, CM APPL. 27967/2022 KAMLESH BHATI & ANR. ..... Petitioners Through: Mr. Ankit Singh & Mr. Varun Bhati, Advs.
versus DHARAM DAS SINGH & ORS. ..... Respondents Through: Mr. J. P. N. Shahi and Mr. J.
Kiran,Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 15th March, 2022 in MACT No. 889/2021.
Mr. J. P. N. Shahi, learned counsel for the respondent accepts notice. Let short affidavit be filed.
List on 11th July, 2022.
DINESH KUMAR SHARMA, J JUNE 3, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~29 & 32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 169/2022 UP STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Ms. Garima Prashad, Sr. Adv. with Mr. Shadab Khan, Advs.
versus AKASH BHARDWAJ & ORS. ..... Respondents Through: None.+ MAC.APP. 175/2022
UP STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Ms. Garima Prashad, Sr. Adv. with Mr. Shadab Khan, Advs.
versus
AKASH BHARDWAJ & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL. 27933/2022 in MAC.APP. 169/2022 and CM APPL. 28127/2022 in MAC.APP. 175/2022 (exemptions) Exemptions allowed subject to all just exceptions. Application stands disposed of. MAC.APP. 169/2022, CM APPL. 27932/2022 (stay) and MAC.APP. 175/2022, CM APPL. 28126/2022 (stay) Issue notice to the respondents through all permissible modes, returnable on 11th October, 2022.
Let the award amount of award dated 19th February, 2022 be Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 deposited within six weeks with the Tribunal along with interest accrued thereon. However, the amount shall not be released without the permission the Court.
DINESH KUMAR SHARMA, J JUNE 3, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~26 to 28 * IN THE HIGH COURT OF DELHI AT NEW DELHI 26 + MAC.APP. 384/2019, CM APPL. 39645/2021 M/S ORIENTAL INSURANCE CO LTD ..... Appellant Through: None.
versus SIDDHESHVARI & ORS ..... Respondents Through: Mr. Pankaj Kumar Dewal and Mr. Apar Sirohi, Advs. for R-1 & 2.27
+ MAC.APP. 385/2019, CM APPL. 39644/2021 M/S ORIENTAL INSURANCE CO LTD ..... Appellant Through: None.
versus SOMA DEVI & ORS ..... Respondents Through: Mr. Pankaj Kumar Dewal and Mr. Apar Sirohi, Advs. for R-1 & 2.28
+ MAC.APP. 413/2019, CM APPL. 44799/2021 M/S ORIENTAL INSURANCE CO LTD ..... Appellant Through: None.
versus SHASHI & ORS ..... Respondents Through: Mr. Pankaj Kumar Dewal and Mr. Apar Sirohi, Advs. for R-1 & 2.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 % 03.06.2022 CM APPL. 39645/2021 in MAC.APP. 384/2019, CM APPL. 39644/2021 in MAC.APP. 385/2019 and CM APPL. 44799/2021 in MAC.APP.413/2019
The present applications have been filed by the claimants/respondents Nos. 1 and 2 to release the award amount to the respondent Nos. 1 and 2.
Issue notice to the appellant as well as learned counsel for the appellant by all permissible modes.
List the matter for Roster Bench on 7th July, 2022.
DINESH KUMAR SHARMA, J JUNE 3, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~15 & 24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12571/2019 SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner Through: Mr. Arun Birbal and Mr. Sanjay Singh, Advs.
versus
MAHENDER ..... Respondent
Through: Mr. Rajiv Agarwal and Ms. L.
Gangmei, Advs.
+ W.P.(C) 12569/2019
SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through: Mr. Arun Birbal and Mr. Sanjay Singh, Advs.
versus SHRI PAPPU ..... Respondent Through: Mr. Rajiv Agarwal and Ms. L. Gangmei, Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL. 27706/2022 (DIRECTIONS) in W.P. (C) 12571/2019 and CM 27990/2022 in W.P.(C) 12569/2019 Learned counsel for the petitioner undertakes that an order passed under Section under Section 17B of the Industrial of the Industrial Disputes Act, 1947 shall be complied within two weeks.
In case, the petitioner/corporation fails to make the payment, the concerned officer shall appear in person before the Court.Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01
List on 6th July, 2022.
DINESH KUMAR SHARMA, J JUNE 3, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 441/2022 RAKESH KUMAR JHA ..... Petitioner Through: Mr. Aditya Jain, Adv.
versus DR SEEMA THAKUR JHA ..... Respondent Through: Respondent in person. CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 After some arguments, learned counsel for the petitioner seeks permission to withdraw the present petition.
In view of the above, the present petition stands dismissed as withdrawn.
DINESH KUMAR SHARMA, J JUNE 3, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8379/2022, CM APPLs. 25221-23/2022 THE DEPUTY DIRECTOR, GENERAL CANTEEN SERVICES (DDGCS) AND ORS. ..... Petitioner Through: Mr. Natwar Rai and Mr.Neeraj Tiwari, Advs.
versus PRADEEP KUMAR KALYAN, ..... Respondent Through: Mr. Arvind Kumar Shukla, Mr. Nihal Ahmad, Mr. Vasu Chaudhary and Mr. Tushar Swami, Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 Learned counsel for the petitioner submits that the respondent has filed challenging the same impugned award by way of writ petition bearing W.P.(C) No. 2115/2020.
Learned counsel for the petitioner further submits that he shall file appropriate application/ affidavit in this regard and seeks some time.
At request, list the matter on 2nd August, 2022.
DINESH KUMAR SHARMA, J JUNE 3, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12670/2019, M/S EXCEL SECURITY ..... Petitioner Through: Mr. Manikant Singhal and Ms. Meenkashi Agrawal, Advs.
versus SECRETORY (LABOUR) GOVT. OF NCT OF DELHI AND ORS.
..... Respondents Through: Mr. Ahmad Ibrahim, Adv. for R-3. CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL. 27978/2022 (seeking modification) In view of the submissions made and interim of settlement in order dated 24th May, 2022.
Let the amount deposited with the registry of this Court along with interest accrued thereon be released to respondent No.3/Sh. Sita Ram Giri S/o Late Ram Lakhan Giri after proper confirmation.
In view of above, application stands disposed of. The copy of this order be given dasti under the signature of Court Master.
DINESH KUMAR SHARMA, J JUNE 3, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8999/2022 UMA SHANKAR BHARDWAJ ..... Petitioner Through: Mr. Kawaljeet Singh with Mr. Zaid Raza, Advocates.
versus UNION OF INDIA AND OTHERS ..... Respondent Through: Mr. Ranvir Singh, CGSC for UOI with Mr. Vinod, GP for respondent Nos.1 and 4.
Mr. Siddharth, Standing Counsel with Mr. Amit Kumar Agrawal, Advocates for respondent Nos.2 and 3.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL.27111/2022 (exemption) Exemption allowed subject to all just exceptions. CM APPL.27112/2022 (permission to file a lengthy list of dates)
1. This is an application filed by the applicant / petitioner seeking permission to file lengthy synopsis and list of dates.
2. For the reasons stated in the application, same is allowed. Lengthy synopsis and list of dates are taken on record.
3. Application stands disposed of. W.P.(C) 8999/2022
4. Mr. Ranvir Singh, Central Govt. Counsel accepts notice for Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 respondent Nos. 1 and 4 and Mr. Siddharth, Standing Counsel accepts notice for respondent Nos. 2 and 3. Counter-affidavits be filed within four weeks. Rejoinders thereto be filed within two weeks thereafter.
5. Let notice be issued to respondent No.5 for the next date of hearing.
6. I have been informed by the counsel for the respondents that similar issue is pending consideration before the Supreme Court. They also state, connected petitions listed before this Court have been adjourned to September 5, 2022.
7. List on 05th September, 2022.
DINESH KUMAR SHARMA, J JUNE 3, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~12 to 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI 12 + W.P.(C) 13333/2021 M/S ABU JANI SANDEEP KHOSLA ..... Petitioner Through: Mr. Gagan Mathur with Mr. Vibhor Mathur and Mr. Shitanshu, Advocates.
versus
PATI RAM ..... Respondent
Through: None.
13
+ W.P.(C) 13438/2021
M/S ABU JANI SANDEEP KHOSLA ..... Petitioner
Through: Mr. Gagan Mathur with Mr. Vibhor Mathur and Mr. Shitanshu, Advocates.
versus SARVAN KUMAR YADAV ..... Respondent Through: None.
14 + W.P.(C) 13439/2021
M/S ABU JANI SANDEEP KHOSLA ..... Petitioner
Through: Mr. Gagan Mathur with Mr. Vibhor Mathur and Mr. Shitanshu, Advocates.
versus
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:03.06.2022
19:33:01
PRADEEP KUMAR ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL.27665/2022 (for directions) in W.P.(C) 13333/2021; CM APPL.27764/2022 (for directions) in W.P.(C) 13438/2021 & CM APPL.27766/2022 (for directions) in W.P.(C) 13439/2021 In view of the order dated 02.06.2022, passed in W.P.(C) 13436/2021 and W.P.(C) 13437/2021, no further directions are needed to be passed.
DINESH KUMAR SHARMA, J JUNE 3, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~22 & 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI 22 + W.P.(C) 9412/2022 THE MANAGEMENT OF EXECUTIVE ENGINEER P. DIVISION ..... Petitioner Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Advocates.
versus
SH. OTTA ..... Respondent
Through: Ms. Richa Sharma with Mr. Manoj
Joshi, Advocates.
23
+ W.P.(C) 9427/2022
THE MANAGEMENT OF EXECUTIVE ENGINEER P. DIVISION ..... Petitioner Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Advocates.
versus
SH. KISHORI ..... Respondent
Through: Ms. Richa Sharma with Mr. Manoj
Joshi, Advocates.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL.28163/2022 (exemption) in W.P.(C) 9412/2022 CM APPL.28197/2022 (exemption) in W.P.(C) 9427/2022 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 Exemptions are allowed subject to all just exceptions. W.P.(C) 9412/2022 & CM APPL.28162/2022 (stay), W.P.(C) 9427/2022 & CM APPL.28196/2022 (stay)
1. Present petitions have been filed challenging the final order dated 15.02.2021, passed by the learned Appellate Authority under Payment of Gratuity Act, 1972 and Dy. Chief Labour Commissioner Central, Government of India, New Delhi in Gratuity Appeal No. ND 36(20)2019 PADYC arising out of the claim application NO.-ALC-I/36(109)2015-NK and inter alia praying for refund of Rs.5,66,043/- to the petitioner Department which had been deposited with the Appellate Authority learned DY. Chief Labour Commissioner by way of DD NO. 769078 Dated 06-06- 2019.
2. Issue notice. Ms. Richa Sharma, Advocate accepts notice on behalf of respondent workman and submits that actual genesis of the dispute is that the plea of the Department is that the workman is not entitled to full gratuity for his service while he was in Muster Roll.
3. Case of the respondent workman is that he is entitled to complete gratuity under the payment of Gratuity Act. It has been submitted that similar question is involved in an another writ petition being WP(C) 6904/2022 titled Management of CPWD vs. Sh. Jaipal Singh & Anr. which is pending before this Court and the same is listed on 06.09.2022. Plea of the petitioner is that once CCS Rules are applied, plea of the Gratuity Act will not be applicable.
4. Learned counsel for the petitioner states at bar that the amount determined by the Controlling Authority has already been deposited with the Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 Competent Authority. Learned counsel for the petitioner states that the amount in W.P.(C) 9412/2022 has been received and petitioner is yet to receive the amount in W.P.(C) 9427/2022.
5. Petitioner shall also pay the litigation expenses @ Rs.25,000/- to the respondent No.1 within four weeks.
6. Let counter affidavit be filed within four weeks. Rejoinder, if any, be filed within four weeks thereafter.
7. List the matter before the Registrar on 08th July, 2022.
8. List before the Court on 06th September, 2022.
DINESH KUMAR SHARMA, J JUNE 3, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9409/2022 CENTRAL BOARD OF TRUSTEES, EMPLOYEES PROVIDENT FUNDS ORGANISATION ..... Petitioner Through: Mr. Siddharth, Standing Counsel with Mr. Amit Kumar Agarwal, Advocates.
versus M/S. ASCOT HOTELS AND RESORTS PRIVATE LIMITED ..... Respondent Through: None.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL.28159/2022 (exemption) Exemption is allowed subject to all just exceptions. W.P.(C) 9409/2022 & CM APPL.28158/2022 (stay), CM APPL.28160/2022 (for condonation of delay)
1. Present petition has been filed challenging final order dated
09.12.2021 passed in ATA No.967(4) 2014 by CGIT-cum-Labour Court Delhi.
2. In the impugned order dated 09.12.2021, the CGIT allowed the appeal filed by the establishment inter alia holding that the authorities below has passed the order without giving any findings on mens rea behind the delay remittance. The matters involving identical question was also raised in W.P.(C) 7711/2022 titled Assistant Provident Fund Commissioner, Regional Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 Office, Delhi (South) vs. M/s. B2R Technologies Pvt. Ltd.
3. Petitioner in the present case has relied upon the judgment of the Supreme Court in Horticulture Experiment Station Gonikoppal, Coorg vs. Regional Provident Fund Organisation: (2022) 4 SCC 516, wherein it was inter alia held as under:-
4. None has appeared on advance notice.
5. Issue notice to respondent through all permissible modes, returnable on 24th August, 2022.
6. In the meantime, operation of impugned order dated 09.12.2021 shall remain stayed till the next date of hearing.
DINESH KUMAR SHARMA, J JUNE 3, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9333/2022 LIC OF INDIA ..... Petitioner Through: Mr. Rajesh Mahindru, Advocate.
versus UNION OF INDIA AND ANR. ..... Respondents Through: Ms. Pratima N. Lakra, Advocate for respondent No.1.
Mr. V.P.S. Charah with Mr. Subhra Prarashar, Mr. R.P.S. Tomar and Mr. PAS Charah, Advocates for respondent No.1.
Mr. M.N. Singh, Advocate for respondent No.2.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL.27957/2022 (exemption) Exemption is allowed subject to all just exceptions. CM APPL.27958/2022 (stay)
1. Issue notice. Ms. Pratima N. Lakra, Advocate accepts notice for respondent No.1. Mr. M.N. Singh, Advocate accepts notice for respondent No.2.
2. Learned counsel for the petitioner submits that in absence of non-
applicability of the Industrial Disputes Act, 1947 and in view of the judgment of the Supreme Court in Ranbir Singh V S.K. Roy & Ors. and the findings of the Supreme Court in Chauharya Tripathi & Ors. v. LIC of India Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 & Ors.: 2015 (7) SCC 263 that Development Officers are not workmen, reference itself should not have been made. It has been submitted that therefore the proceedings initiated by notice under reference No.ID 103/2022/1810 dated 11.05.2022 pursuant to reference order No.L- 17011/01//2022-IR (M) dated 15.03.2022 be stayed.
3. Learned counsel for the respondents have vehemently opposed the same. Learned counsel submit that whether the Development Officers are workmen or not or that the Industrial Disputes Act, 1947 is applicable or not is the matter to be considered by the Tribunal in view of the judgment of the Supreme Court, therefore, the proceedings may not be stayed. However, learned counsel submits that LIC may initiate any action under Section 33of the ID Act against the Development Officers.
4. I have heard the submissions of learned counsel of both the parties.
5. Let the proceedings initiated by notice under reference No.ID 103/2022/1810 dated 11.05.2022 pursuant to reference order No.L- 17011/01//2022-IR (M) dated 15.03.2022 be continued. However, final decision on the proceedings shall be subject to the decision of the present petition.
6. List on 02nd September, 2022.
W.P.(C) 9333/2022
1. Present petition has been filed assailing the Reference Order No. No.L17011/01/2022/IR(M) dated 15.3.2022, issued by the appropriate authority under Section 10 of the Industrial Disputes Act, 1947.
Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:012. Plea of the petitioner is that the Supreme Court in the judgment in Ranbir Singh V S.K. Roy & Ors. decided on 27.04.2022 in Miscellaneous Application No. 1150 of 2019 in Contempt Petition (Civil) No. 1921 of 2017 in Civil Appeal No. 6950 of 2009 has examined the interplay between section 48 of the LIC Act and provisions of the Industrial Disputes Act, 1947 and inter alia held that the amendments introduced in Section 48of the LIC Act have clearly exclude the provisions of the Industrial Disputes Act, 1947 so far as they are in conflict with the Rules framed under Section 48(2)(cc) of LIC Act.
3. Plea of the petitioner is that the Development Officers are also not workmen as has been laid down by the Supreme Court in Chauharya Tripathi & Ors. v. LIC of India & Ors.: 2015 (7) SCC 263, wherein, it was inter alia held that the Development Officers working in LIC are not 'workmen' under Section 2(s) of the Industrial Disputes Act, 1947.
4. Issue notice. Ms. Pratima N. Lakra, Advocate accepts notice for respondent No.1. Mr. M.N. Singh, Advocate accepts notice for respondent No.2.
5. Let counter affidavit be filed within four weeks. Rejoinder, if any, be filed within four weeks thereafter.
6. List before Registrar for completion of pleadings on 13th July, 2022.
7. List before Court 02nd September, 2022.
DINESH KUMAR SHARMA, J JUNE 3, 2022/st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9406/2022 & CM APPL.28155/2022, CM APPL.28154/2022 M/S MESCO AEROSPACE LTD FORMERLY KNOWN AS MESCO AIRLINES LTD. THROUGH MR D K SINGH DIRECTOR ..... Petitioner Through: Mr. Rajiv Arora with Mr. S.P. Arora, Mr. Kumar Vikram and Mr. S.S. Rana, Advocates.
versus APFC DELHI SOUTH ..... Respondent Through: Mr. Naresh Gupta with Mr. Ganesh Sharma, Advocates.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 Learned counsel for petitioner submits that certain papers in paper book are missing and some are not legible.
Let complete paper book with legible copies be filed by learned counsel for petitioner.
List on 05th August, 2022.
DINESH KUMAR SHARMA, J JUNE 3, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 41/2022 & CM APPL.28149/2022 (stay) QAYYUM KHAN ..... Petitioner Through: Mr. Aly Mirza, Advocate.
versus YAKUB KHAN AND ORS ..... Respondents Through: Mr. Arun Birbal, Advocate for DDA.. CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL.28150/2022 (exemption) Exemption is allowed subject to all just exceptions. TR.P.(C.) 41/2022 & CM APPL.28149/2022 (stay) Issue notice. Notice is accepted by Mr. Arun Birbal, learned counsel appearing for respondent No.8/DDA Issue notice to respondent Nos.1 to 7 through all permissible modes and through counsel as well, returnable on 11th July, 2022.
DINESH KUMAR SHARMA, J JUNE 3, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 591/2022 ISHA SHARMA ..... Petitioner Through: Mr. Vaibhav Agnihotri with Mr. Ankit Khera, Advocates.
versus
RAJIV KUMAR SHARMA ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL.28195/2022 (exemption) Exemption allowed subject to all just exceptions. CM(M) 591/2022 & CM APPL.28194/2022 (stay) Learned counsel for the petitioner submits that learned Principal Judge, Family Court, Shahdara, KKD, Delhi vide order dated 14.02.2022 has issued a notice of the Contempt Petition No.05/2021 without any jurisdiction.
Reliance has been placed upon the judgment of this Court in Crl.M.C.1312/2021 titled Alok Kumar Tiwari vs. Mamta, wherein this Court has inter alia held as under:-
"Apparently, the verdict of this Court in Syed Nusrat Ali Vs State & Anr. in Crl.MC 2899 of 2009 dated 05.08.2010 as followed also in Rajeev Mittal Vs Sanjay Goel in CM(M) 434/2012, Neville A Mehta Vs Sanjay Goel in CM(M) 437/2012 Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 vide verdict dated 19.04.2012 and the provisions of Sections 10, 11 and Section 15(2), makes it apparently clear that the subordinate court can only make a reference to this Court and cannot initiate contempt proceedings itself. Thus without any observations on the merits or demerits of the prayer made in the contempt application that the respondent has filed before the Trial Court in relation to CC No. 37676 of 2016 in relation to which the respondent undoubtedly has rights in accordance with law for the maintenance allegedly not being paid by the petitioner, the impugned notice dated 06.04.2021 issued by the learned MM in complaint no. 609 of 2021 under Section 10 & 12 of the Contempt of Courts Act, 1971 is set aside. However, the setting aside of the same shall not amount to any observation on any contempt action if referred by the Trial Court to this Court."
None has appeared for respondent despite advance notice. Issue notice to respondent, returnable on 27th July, 2022. In the meantime, operation of impugned order dated 14.02.2022 shall remain stayed till the next date of hearing.
DINESH KUMAR SHARMA, J JUNE 3, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2002/2019 SANJEEV KUMAR ..... Petitioner Through: Mr. Atul T.N. with Mr. K. Pallavi and Mr. Rajat Gautam, Advocates.
versus THE CHAIRMAN CUM MANAGING DIRECTOR CONTAINER CORPORATION OF INDIA LTD ..... Respondent Through: Mr. K.K. Rai, Sr. Advocate with Ms. Meera Mathur, Mr. Anshul Rai, Ms. Sreoshi Chatterjee and Mr. Priyesh Mohan Srivastava, Advocates.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL.24261/2022 (filed on behalf of petitioner seeking directions to provide medical assistance) Learned counsel for the petitioner submits that he does not wish to press the present application at this stage.
In view of the above submissions, the application is dismissed as not pressed.
DINESH KUMAR SHARMA, J JUNE 3, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 40/2022 ARVIND TRIPATHI ..... Petitioner Through: Mr. Naveen Kumar Triapthi with Ms. Aroosha Nawaz, Advocates.
versus
P.P.SINGH ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL.27635/2022 (exemption) Exemption allowed subject to all just exceptions.
TR.P.(C.) 40/2022
1. Present petition has been filed for transfer of civil suit no. 6459 of 2016 titled Arvind Tripathi versus Mr P.P. Singh pending before Ms. Poja Talwar Additional District Judge, South District, Saket Court, Delhi to the court of competent jurisdiction of Additional District Judge, South East District, New Delhi. It has been stated that South East District has the territorial jurisdiction.
2. Learned counsel for the petitioner states at bar that the learned counsel for the respondent has sent an e-mail dated 24.05.2022 giving 'no objection'.Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01
3. In view of the statement made at bar by learned counsel for the petitioner, let the matter be placed before learned Principal & Sessions Judge South East District on 05th July, 2022 for assigning the matter to the Court of competent jurisdiction.
4. In view of the above, the present petition stands disposed of.
DINESH KUMAR SHARMA, J JUNE 3, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 25/2022 MADAN LAL SURYAWANSHI ..... Petitioner Through: Petitioner in person.
versus
DILAWAR SINGH ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA ORDER % 03.06.2022 CM APPL.27856/2022 (for early hearing) Petitioner, who appears in person, states that he may be provided legal aid.
Petitioner shall appear before the Secretary, Delhi High Court Legal Services Committee for legal aid, who is requested to consider the same, as per law.
List on 05th July, 2022.
Dasti.
DINESH KUMAR SHARMA, J JUNE 3, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:03.06.2022 19:33:01