Delhi High Court - Orders
Vipin Sharma & Anr vs Department Of Food Supplies And ... on 8 October, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~20 (2021 list)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 367/2021 an+63. CM APPLs.35794-95/2021
VIPIN SHARMA & ANR. ..... Appellants
Through: Ms. Meghna De, Advocate.
versus
DEPARTMENT OF FOOD SUPPLIES AND CONSUMER
AFFAIRS & ORS. ..... Respondents
Through: Mr. Ankur Chhibber, Advocate for
respondent no.1. Mr. Shivnath,
Advocate for respondent no.2.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 08.10.2021 [PHYSICAL COURT HEARING]
1. This appeal is directed against the judgment dated 17.09.2021, passed by the learned single judge in W.P.(C.) 2608/2021. 1.1 Via the impugned judgment, the learned single judge has closed the writ petition, based on the statement made on behalf of respondent no.2 that, the appellants [i.e., the writ petitioners] have already been disengaged.
2. To be noted, the appellants had taken recourse to the provisions of the Industrial Disputes Act, 1947 [in short 'the Act']. 2.1. It is not in dispute that, on 22.02.2021, conciliation proceedings were commenced, and thus, were pending on the said date. 2.2. It is also not in dispute that, the order by which the appellants, and persons similarly circumstanced i.e., Data Entry Operators were disengaged, was passed on 26.02.2021.
LPA 367/2021 page 1 of 4 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 18:36:11 2.3 Being aggrieved, the appellants instituted the writ petition [from
which the present appeal arises], whereby the relief sought was that status quo ante should be ordered. The appellants, in support of their plea, placed reliance on the provisions of Section 33 of the Act. 2.4. We are also told that, both the respondents and the appellants are still engaged in conciliation proceedings, before the Conciliation Officer.
3. Prima facie, we are of the view that before passing any order of disengagement, the respondents ought to have sought approval by taking recourse to the provisions of Section 33 of the Act. 3.1 That, having not been done, there was a case for the appellants to have the matter agitated on merits, before the learned Single Judge.
4. Mr. Ankur Chhibber, who appears on behalf of respondent no.1, and Mr. Shivnath, who appears on behalf of respondent no.2, seek time for instructions.
4.1. To hasten the proceedings, we are inclined to issue notice in the appeal. It is ordered accordingly. 4.2. Mr. Chhibber and Mr. Shivnath will revert with instructions. If instructions are received to resist the appeal, reply(ies) will be filed before the next date of hearing.
4.3. On steps being taken, notice shall issue to respondent no. 3, via all permissible modes, including e-mail.
5. At this stage, Ms. Meghna De, learned counsel for the appellants, informs us that, although there are only 2 appellants/workmen before us, the said appellants have been given authority on behalf of 34 workmen/employees.
LPA 367/2021 page 2 of 4 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 18:36:11 5.1. For this purpose, our attention has been drawn to page 72 of the case file. Ms. De informs us that, the same situation obtained in the writ proceedings.
6. Having regard to the aforesaid position, we are inclined to array all 34 persons, whose names are set out on page 72 of the case file, as parties [i.e., the appellants] to the present proceedings. 6.1 Ms. De will file an amended memo of parties, within the next ten days.
7. We are also informed by Ms. De that, out of 36 workmen/employees [i.e., the appellants, including the newly arrayed parties], services of 25 workmen/employees have been disengaged. 7.1. According to Ms. De, the persons whose services have not been terminated, as yet, are the following:
Sl. No. Name Fathers/Husband Name 1 Ms. Priyanka Sh. Ashwani Kumar 2 Ms. Ritu Sahni W/o Lt. Sh. Gagan Sahni 3 Ms. Ratika Sh. Om Prakash 4 Mr. Vikas Kumar Sh. Bhuneshwar Prasad Sharma 5 Ms. Rajvinder Kaur W/o Sh. Jaspal Singh 6 Mr. Dharmendra Kumar Sh. Paro Chand 7 Ms. Varsha Sharma W/o Sh. Rohit Sharma 8 Mr. Mani Kumar Sh. Raj Kumar 9 Ms. Sapna Kapoor D/o Late Sh. Rahubir Singh Kapoor 10 Mr. Sachin Kumar Sh. Prem Chand 11 Ms. Kiran Devi D/o Sh. Vashu Dev LPA 367/2021 page 3 of 4 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 18:36:11
8. Therefore, till the next date of hearing status quo, as obtaining today, would be maintained, vis-à-vis the aforementioned persons, referred to in the table set forth above
9. List the matter on 29.11.2021.
10. Parties will act on the basis of the digitally signed copy of this order.
RAJIV SHAKDHER, J TALWANT SINGH, J OCTOBER 8, 2021 / tr Click here to check corrigendum, if any LPA 367/2021 page 4 of 4 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 18:36:11 $~25 & 28(2021) * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11224/2021 & CM APPL. 34548/2021 VRIHASPATI TRIPATHI & ORS. ..... Petitioners Through : Mr. Sudhir Naagar, Advocate. versus DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS. ..... Respondents Through : Ms. Avnish Ahlawat, Standing Counsel with Mrs. Tania Ahlawat, Mr. Nitesh Kumar Singh and Ms. Palak Rohemetra, Advs. for R-1 to 3. Ms. Beenashaw Soni, Adv. for R-6/EDMC.
+ W.P.(C) 10415/2021 & CM No.32035/2021 POOJA BHATIJA & ORS. ..... Petitioners Through : Mr. Sudhir Naagar, Advocate. versus DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS. ..... Respondents Through : Ms. Avnish Ahlawat, Standing Counsel with Mrs. Tania Ahlawat, Mr. Nitesh Kumar Singh and Ms. Palak Rohemetra, Advs. for R-1 to 3. Mr. Rajesh, Adv. for Mr. Gaurang Kanth, Standing Counsel for R-
NDMC.
Mr. Tushar Sannu, Standing Counsel with Ms. Ankita Bhadouriya, Ms. Shriya Sharma and Mr. Waheed Ullah Khan, Advs. for R-5/SDMC.
Mr. Kumar Rajesh Singh, Adv. for R-6/EDMC.
W.P.(C) 11224/2021 & 10415/2021 page 1 of 2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 18:36:11 CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 08.10.2021 [Physical Court Hearing]
1. Mrs. Avnish Ahlawat, who appears on behalf of respondent nos.1 to 3, informs us that, the proposal for relaxation in the maximum age limit qua the appointment of the Special Educator (Primary), at the present juncture, is pending consideration before the Hon'ble Lieutenant Governor. 1.1 Ms. Ahlawat says that, hopefully a decision on the proposal will be rendered by 11.10.2021.
2. Accordingly, list the above-captioned matters on 12.10.2021.
RAJIV SHAKDHER, J TALWANT SINGH, J OCTOBER 8, 2021 aj Click here to check corrigendum, if any W.P.(C) 11224/2021 & 10415/2021 page 2 of 2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 18:36:11 $~14 & 15 (2021) * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6164/2021 SATISH CHANDRA VERMA ..... Petitioner Through: Mr. I.H. Syed, Sr. Advocate with Mr. Sarim Naved, Mr. Suroor Mander and Mr. Anshu Davar, Advocates.
versus STATE OF GUJARAT & ORS. ..... Respondents Through: Ms. Manisha Lav Kumar Senior Advocate with Ravi Kant Jain Advocate for respondents 1,3,4. Mr. Arun Bhardwaj, Sr. Advocate with Mr. Rajat Nair, Mr. Nikhil Bhardwaj, Mr. Harish Vaidyanathan Shankar, CGSC with Ms. S. Bushra Kazim, Advocates for UOI.
+ W.P.(C) 6230/2021
SATISH CHANDRA VERMA ..... Petitioner
Through: Mr. I.H. Syed, Sr. Advocate with Mr. Sarim Naved, Mr. Suroor Mander and Mr. Anshu Davar, Advocates.
versus STATE OF GUJARAT & ANR. ..... Respondents Through: Ms. Manisha Lav Kumar Senior Advocate with Ravi Kant Jain Advocate for respondent no. 1.
Mr. Arun Bhardwaj, Sr. Advocate with Mr. Rajat Nair, Mr. Nikhil Bhardwaj, Mr. Harish Vaidyanathan Shankar, CGSC with Ms. S. Bushra Kazim, Advocates for UOI W.P.(C) 6164/2021& conn. Page 1 of 2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 18:36:11 CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 04.10.2021 [Court hearing convened via video-conferencing on account of COVID-19]
1. Mr. I.H. Syed, learned senior counsel, who appears for the petitioners, has commenced his arguments.
2. List the above-captioned matters for further arguments on 11.10.2021, at 3:00 P.M. RAJIV SHAKDHER, J TALWANT SINGH, J OCTOBER 4, 2021/nk Click here to check corrigendum, if any W.P.(C) 6164/2021& conn. Page 2 of 2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 18:36:11 $~25 (2021) * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 234/2020 & CM APPLs. 21923-24/2020, 24161/2020, 24447/2020 SENTINELS SECURITY (P) LTD. ..... Appellant Through: Mr. Vineet Malhotra, Adv.
versus SUDHA SINGH ......Respondent Through: Mr. Jawahar Raja, Mr. Meghna De, Mr. L. Gangmei, Mr. Archit Krishna and Ms. Varsha Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 06.10.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM APPL. 11593/2021 [Application filed on behalf of the respondent for payment of wages under Section 17-B of Industrial Disputes Act, 1947]
1. Mr. Vineet Malhotra, who appears on behalf of the appellant, says that, costs directed by this Court, vide order dated 27.09.2021, have been paid.
1.1. Mr. Jawahar Raja and Ms. Meghna De, who appear on behalf of the respondent/workman, inform us that, a cheque amounting to Rs.10,000/- has been received on behalf of the respondent/workman.
2. Furthermore, we are informed by Mr. Malhotra that, the reply to the above-captioned application was filed only this morning i.e., on 06.10.2021, a copy of which was sent via e-mail, to Ms. Meghna De.LPA 234/2020 1/2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 18:36:11
2.1. Mr. Malhotra will take steps to bring on record the reply, and also furnish a legible copy of the same to the counsel for the respondent i.e., Mr. Raja and Ms. De.
3. Since Mr. Malhotra says that he has collected further information, liberty is granted to the appellant to file an additional-affidavit, within the next three days.
4. List the above-captioned application on 12.10.2021.
RAJIV SHAKDHER, J TALWANT SINGH, J OCTOBER 6, 2021 rb Click here to check corrigendum, if any LPA 234/2020 2/2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:08.10.2021 18:36:11