Delhi High Court - Orders
The Management Of Ashok Hotel Itdc vs Perumal & Anr on 22 March, 2021
Author: Jyoti Singh
Bench: Jyoti Singh
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5658/2008
THE MANAGEMENT OF ASHOK HOTEL ITDC ..... Petitioner
Through Mr. Ravi Sikri, Sr. Advocate with Mr.
Deepank Yadav and Mr. Arun
Sanwal, Advocates.
versus
PERUMAL & ANR. ..... Respondents
Through None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 22.03.2021
CM No. 11396/2021
This is an application filed by the Petitioner seeking directions to Respondent No. 1 to refund the amount received under Section 17B of the Industrial Disputes Act, 1947 along with 18% interest and litigation expenses after vacating the order dated 06.09.2011.
Mr. Ravi Sikri learned Senior Counsel appearing on behalf of the Petitioner submits that Respondent No. 1/Workman herein had filed an affidavit categorically bringing on record that he was unemployed. He submits that however it has come to the notice of the Petitioner that Respondent No. 1 is gainfully employed and has been working in the NDMC in Horticulture Department as a Muster Roll Employee.
In support of these submissions, Mr. Sikri has placed on record a letter written by the Petitioner to the NDMC and a response received from Signature Not Verified Digitally Signed By:SARABJEET KAUR Signing Date:25.03.2021 13:00:44 the NDMC, which is to the effect that in fact, the Respondent No. 1 has been working with the NDMC from 2009 to 2014 as a temporary Muster Roll Employee and since 2014 he is on regular Muster Roll.
Issue notice to the Respondent No. 1 on the Petitioner taking requisite steps, through all permissible modes, returnable on 28.04.2021.
CM No. 11267/2021List on 28.04.2021.
JYOTI SINGH, J MARCH 22, 2021 yo/ Signature Not Verified Digitally Signed By:SARABJEET KAUR Signing Date:25.03.2021 13:00:44