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Delhi District Court

Sudha Singh & Ors. vs . Orient Craft Ltd. on 28 October, 2014

IN THE COURT OF SH. RAMESH KUMAR­II, PRESIDING OFFICER, 
     LABOUR COURT NO. IX, KARKARDOOMA COURTS, DELHI.



I.D. No.286/14

Sudha Singh & Ors. Vs. Orient Craft Ltd.

28.10.2014

ORDER ON THE APPLICATION OF THE MANAGEMENT FOR RECALLING ORDER DATED 30.07.2014 AND FOR RECALLING OF WITNESSES WW­1 AND WW­2 FOR CROSS EXAMINATION Ld. AR for management has pressed the present application on the ground that on 30.07.2014 proxy A.R. of the management had appeared and made request for adjournment on the ground that main AR is not available because of his illness but the Hon'ble Court had declined the request for adjournment and discharged the witnesses. Ld. AR for management further submitted that cross examination of WW1 and WW2 is very relevant for proper adjudication of the matter for just decision of the case and non­appearance of A.R. for the management on 30.07.2014 was neither intentional nor willful but on account of the reason stated above. On these grounds, Ld. AR for the management has prayed to recall the order dated 30.07.2014 and permit the management to cross examine the witnesses.

Ld.AR for workman has not filed any reply to this application and argued straight away. Ld.AR for workman has argued that the present ID No.286/14 1/2 application of the management is not maintainable, hence same be dismissed. Ld. AR for workman further stated that the application of the management is false and therefore, application be dismissed. Heard.

Since non­appearance of Ld.AR for management on 30.07.14 was due to his illness, hence one more opportunity may be given to him to cross examine the witnesses. The court is also of the opinion that it would be in the interest of justice if matter is decided on merits instead of technicalities. Therefore, the application of the management for recalling order dated 30.07.2014 and for recalling of witnesses WW1 and WW2 for cross examination is hereby allowed subject to cost of Rs.2,000/­.

Application of the management is disposed off accordingly. 

PRONOUNCED IN OPEN COURT                          (RAMESH KUMAR­II)          
ON 28.10.2014                                              PRESIDING OFFICER:
                                                           LABOUR COURT­IX/
                                      EAST DISST./KARKARDOOMA COURTS:
                                                                     DELHI




ID No.286/14                                         2/2