Ram Het vs Government Of Nct Of Delhi And Ors on 23 August, 2022

[Cites 5, Cited by 0]

Delhi High Court - Orders

Ram Het vs Government Of Nct Of Delhi And Ors on 23 August, 2022

Bench: Dinesh Kumar Sharma

                          $~40
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 12080/2022, CM APPL. 36125/2022
                                 RAM HET                                    ..... Petitioner
                                                  Through: Ms. Manasi Bhushan and Mr. Shivam
                                                            Gaur, Advs.
                                                  versus

                                 GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
                                              Through: Ms. Sanjana Nangia, Adv. for Mr.
                                                       Sameer   Vashist,   ASC,   Civil,
                                                       GNCTD.
                                 CORAM:
                                 HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                              ORDER

% 23.08.2022 CM APPL 36124/2022 (exemptions) Exemption is allowed subject to all just exceptions. W.P.(C) 12080/2022

1. The present writ petition has been filed challenging the order dated 18th April, 2022 whereby the application of petitioner-workman under Rule 24 Industrial Disputes (central) Rules, 1957 read with Section 30 and Order 11 Rule 1 CPC has been dismissed.

2. Learned counsel for the petitioner submits that earlier an award was passed by the learned Labour Court without giving an opportunity to the petitioner-workman to lead the evidence. The petitioner-workman challenged the same vide Writ Petition (Civil) No. 10298 /2019. This Court allowed the said writ petition vide order dated 5 th March, 2022 and granted one more opportunity to the workman to lead the evidence in support of his claim.

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:24.08.2022 13:47:28

3. After the matter was remanded back to the learned Labour Court, petitioner-workman moved an application under Rule 24 Industrial Disputes (central) Rules, 1957 read with Section 30 and Order 11 Rule 1 CPC.

4. Learned counsel for the petitioner submits that the learned Labour Court has wrongly dismissed the application on the ground that the issues have already been framed.

5. Learned counsel submits that as per Section 30 CPC discovery by interrogatories may be done "at any time". Learned counsel further submitted that the learned Labour Court has failed to take into account the law laid down in "Jamaitrai Bishansarup v. Rai Bahadur Motilal Chamaria" 1959 SCC OnLine Cal 79, "Sharda Dhir v. Ashok Kumar Makhija & Ors.", 2002 (64) DRJ 713, "Ganga Devi v. Krushna Prasad Sharma", 1964 SCC OnLine Ori 104 and "Smt. P. Seethamma & Ors. v. P. Ramakrishna Reddy & Ors.", 1997 (1) A.P.L.J. 33 (HC).

6. It has further been submitted that in a identical matter in W.P. (C) 11979/2019 titled as "Sh. Deepak Chouhan v. Government of National Capital Territory of Delhi & Ors"., this Court has granted stay of the proceedings before the learned Labour Court and this matter along with other connected matter are coming before this Court on 17th October, 2022.

7. Issue notice.

8. Ms. Sanajana Nangia, learned counsel accepts notice on behalf of respondent No.1.

9. Learned standing counsel submits that there is no illegality or Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:24.08.2022 13:47:28 infirmity in the order of the learned Labour Court and therefore the writ petition is liable to be dismissed.

10. It has further been submitted that the learned Labour Court has rightly observed in the impugned order dated 18 th April, 2022 that the petitioners-workmen have been given an opportunity to produce this entire material and ask such questions, if required during the cross- examination of the management‟s witnesses.

11. Issue notice to respondent No. 2 and 3 through all permissible modes upon filing PF by the petitioner, returnable on 17th October, 2022. CM APPL. 36126/2022 (stay)

12. Application for stay has also been moved by the petitioner-workman.

13. It has been submitted that the matters are coming up before the learned Labour Court on 25th August, 2022 and in case, the stay is not granted, the petitioners-workmen shall suffer an irreparable loss.

14. Issue notice.

15. Ms. Sanjana Nangia, learned counsel accepts notice on behalf of respondent No.1.

16.Issue notice to respondent No. 2 and 3 through all permissible modes upon filing PF by the petitioner, returnable on 17th October, 2022.

17.In the meantime, the proceedings before the learned Labour Court shall remain stayed till the next date of hearing.

DINESH KUMAR SHARMA, J AUGUST 23, 2022/Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:24.08.2022 13:47:28

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders