Delhi High Court - Orders
Om Prakash vs Government Of Nct Of Delhi And Ors on 18 December, 2023
$~29 to 32 and 35 to 44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
29
+ W.P.(C) 12025/2022 & CM APPL. 35970/2022
OM PRAKASH ..... Petitioner
versus
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
30
+ W.P.(C) 12065/2022 & CM APPL. 36042/2022
KISHAN LAL ..... Petitioner
versus
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
31
+ W.P.(C) 12106/2022 & CM APPL. 36169/2022
AMAR SINGH ..... Petitioner
versus
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
32
+ W.P.(C) 12080/2022, CM APPL. 36125/2022 & CM APPL.
36126/2022
RAM HET ..... Petitioner
versus
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 21/12/2023 at 22:03:00
35
+ W.P.(C) 11900/2019 & CM APPL. 48822/2019
SH. RAJU KUMAR ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI AND ORS. ..... Respondents
36
+ W.P.(C) 11923/2019 & CM APPL. 48873/2019
SH. TAHIR ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI AND ORS. ..... Respondents
37
+ W.P.(C) 11924/2019 & CM APPL. 48876/2019
SH. RAM KUMAR ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI AND ORS. ..... Respondents
38
+ W.P.(C) 11926/2019 & CM APPL. 48880/2019
SH. PRADEEP KUMAR ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI AND ORS. ..... Respondents
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 21/12/2023 at 22:03:00
39
+ W.P.(C) 11935/2019 & CM APPL. 48906/2019
SH. RAMESH KUMAR ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI AND ORS. ..... Respondents
40
+ W.P.(C) 11938/2019 & CM APPL. 48914/2019
SH. RAJU ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI AND ORS. ..... Respondents
41
+ W.P.(C) 11964/2019 & CM APPL. 49008/2019
SH. VED PRAKASH ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI AND ORS. ..... Respondents
42
+ W.P.(C) 11979/2019 & CM APPL. 49051/2019
SH. DEEPAK CHOUHAN ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI AND ORS. ..... Respondents
43
+ W.P.(C) 11982/2019 & CM APPL. 49134/2019
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 21/12/2023 at 22:03:01
SH. RAJBIR ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI AND ORS. ..... Respondents
44
+ W.P.(C) 12024/2019 & CM APPL. 49222/2019
SH. JAGGU RAM ..... Petitioner
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI AND ORS. ..... Respondents
Presence: Ms. Manasi Bhushan and Ms. Sanjana Pate, Ms. Tanisha &
Ms. Sakshi, Advs. in item Nos. 30, 31, 32, 35, 36, 37, 40, 41,
42, 44
Mr. KG Gopalakrishnan with Ms. Nisha Mohandas, Advs. for
R-1/ GNCTD in item nos. 35, 38, 39 & 42
Mr. Arun Vohra, ASC for R-2 in all these petitions.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 18.12.2023
1. Ms. Mansi Bhushan, Advocate seeks to withdraw herself as counsel for the petitioner in the following petitions : W.P.(C) 12025/2022, W.P.(C) 11926/2019, W.P.(C) 11935/2019 & W.P.(C) 11982/2019.
2. She is accordingly discharged from the afore-mentioned petitions.
3. These petitions have been filed assailing order dated 18.04.2022 passed by the Presiding Officer, Labour Court, Rouse Avenue, Delhi dismissing the application filed by the worker under Rule 24, Industrial This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2023 at 22:03:01 Disputes (Central) Rules, 1957 read with section 30 and Order l1 Rule l CPC. This application was moved seeking to prefer interrogatories against the management in relation to the issues as framed by Labour Court. The respondent-workers could not lead evidence due to circumstances relating to their earlier counsel before the Labour Court. The petitioner-workers had approached this Court by way of W.P.(C) 12084/2019 titled as Ram Het v. GNCTD & Ors. along with other connected petitions.
4. Order was passed by this Court on 05.03.2020, disposing of this petition with the direction "the parties are permitted to lead their evidence and to pursue their interrogatories, if any". Further direction was given to the Labour Court with a request to dispose of the case preferably within 6 months.
5. Pursuant to the said order, application under Rule 24, Industrial Disputes (Central) Rules, 1957(as noted above) was filed. However, as per the impugned order the application was held as not maintainable on the basis that issues have already been framed and the matter was fixed for evidence of the workers and questions, if any, may be asked in cross examination from the management's witnesses.
6. Counsel for the petitioner contends that Rule 24 of the said Rules empowers the Labour Courts with powers of a Civil Court including of discovery and inspection. She points out that under section 30 CPC, the power to order discovery and answer of interrogatories can be made at any stage by the Court. Reliance has been placed on Order 11 Rule 1 CPC where interrogatories are permitted for interrogation of the opposing parties.
7. Counsel for the respondent-management however contends that the interrogatories which have been addressed, do not relate to the management- respondent no.2 but in fact to respondent no.3, the purported contractor This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2023 at 22:03:01 through whom the workers had been engaged. No one appears on behalf of respondent no.3.
8. Counsel for the respondents also contends that order dated 05.03.2020 had actually not allowed the interrogatories to be led by the petitioner- workers, considering they were filed pursuant to the order of 05.03.2020, but had merely allowed evidence to be led.
9. However, no clarification was ever sought by the respondent- management of that order, and therefore the directions will be considered as not being diluted.
10. Be that as it may, considering directions of this Court on 05.03.2020 and in the interest of proper adjudication of these petitions, no harm would be caused if interrogatories, as submitted by the petitioner-workers be allowed and responses thereto be given by the opposing parties.
11. Needless to state that the opposing parties (respondent nos.2 and 3) can chose to respond to these interrogatories along with their objections, if any, in case a particular query does not relate to them.
12. These petitions are disposed of with the directions that the said interrogatories be revived and Labour Court may accordingly issue directions for eliciting response in that regard from the opposing parties.
13. It is made clear that no opinion is being expressed on the merits of these petitions and the Labour Court will adjudicate these petitions in accordance with law on merits.
14. It is pointed out by the counsel for the petitioner that the order of 05.03.2020 had been passed in relation to only some of the workers.
15. However, in view of similarity of these matters and facts and circumstances in all these petitions, this order will apply to all the complaints, which are being prosecuted by the worker.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2023 at 22:03:01
16. Order be uploaded on the website of this Court.
ANISH DAYAL, J DECEMBER 18, 2023/sm This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2023 at 22:03:01