HC: No party can be deprived of access to records. [Read Judgment]

The Delhi HC in, M/S KUMAR FOOD INDUSTRIES LTD v. GOVT OF NCT & ANR observed that no party can be deprived of access to records. The observation came in the light of a petition filed by a Management against the orders of Labour Court.

A Workmen/Respondent had instituted proceedings against a Management/Petitioner whereby ex-parte decision was passed on 16th October 2019 and the Petitioner got to know about to the same upon letters dated 10th July 2020 of non-implementation of the awards from the Deputy Labour Commissioner/ Implementation Officer.

Counsel for petitioners submitted that upon being served the letters, filed an application on 23rd July 2020 for obtaining the copies of the entire proceedings before the Labour Court which was subsequently rejected by the Labour Court on 4th August 2020. The Labour Court stated that the ex-parte decision was passed due to non-appearance. The grievance of the Petitioner is that since he did not have the record of the proceedings and the rejection of application demanding the same, deprives him to avail his remedies in accordance with the law.

The court found the decision of the Labour Court erroneous and stated that “No party can be deprived of access to records. Inspection ought to be permitted and if the same is not possible the Petitioner ought to be permitted to obtain certified/uncertified copies to avail its remedies in accordance with law”. The court clarified that no observation of made regarding the dispute, but only mentioned that no party could be deprived of its remedies.

Case Details

Case-M/S KUMAR FOOD INDUSTRIES LTD v. GOVT OF NCT & ANR

Counsel for petitioners- Ms. Nandita Abrol, Advocate

Counsel for respondents- Mr. Sumit Jidani, Advocate for R-1

Coram- JUSTICE PRATHIBA M. SINGH

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