Apex Chamber Of Commerce And ... vs Government Of Nct Of Delhi And Anr.
2019 Latest Caselaw 6741 Del

$~2123.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Date of Decision: 23rd December, 2019

+      W.P.(C) 11849/2019

       APEX CHAMBER OF COMMERCE
       AND INDUSTRY OF NCT DELHI                             ..... Petitioner
                    Through: Mr.S.K.Dubey,                        Adv.        with
                    Mr.A.K.Haider, Adv.
               Versus

       GOVERNMENT OF NCT OF DELHI & ANR. ..... Respondents
                   Through: Mr.Sanjoy       Ghose, ASC  with
                   Mr.Naman Jain, Adv. for GNCTD.

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                               ORDER

: D. N. PATEL, Chief Justice (Oral)

C.M.No.55223/2019 (exemptions)

Allowed, subject to all just exceptions.

C.M.No.55222/2019(stay)

1. This application has been preferred by the petitioner for the following prayers:-

"a) stay the impugned Notification No. F.13(l)/2018/MW/Lab/3602 dated 22.10.2019 and Order bearing F.No.12(142)/02/MW/VII/3636 dated

23.10.2019, issued under the Minimum Wages Act, 1948;

(b) pass such other or further order (s) as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2. Having heard the learned counsel for the applicant (original petitioner) and looking to the facts and circumstances of the case, we see no reason to entertain this application for the following facts/reasons:-

(i) Already an application bearing C.M.No.48531/2019 seeking stay has been preferred in W.P.(C) No.11849/2019.

(ii) The prayer in C.M.No.48531/2019 reads as under:-

"(a) order for stay of the impugned Notification No. F.13(l)/2018/ MW/Lab/3602 dated 22.10.2019 and Order bearing F.No.12(142)/02/MW/VII/3636 dated 23.10.2019, issued under the Minimum Wages, Act, 1948, by the Respondents till the pendency of the present writ petition; and/or

(b) ex-parte ad-interim stay of the impugned Notification No.F.13(l)/2018/ MW/Lab/3602 dated 22.10.2019 and Order bearing F.NO.12(142)/02/MW/VII/3636 dated 23.10.2019, issued under the Minimum Wages, Act,1948, by the Respondents; and"

(iii) The present application (C.M.No.55222/2019) has also been preferred for the very same purpose of seeking similar relief of stay, operation, implementation and execution of the aforesaid

notification dated 22nd October, 2019 (at Annexure P-3 of the memo of this writ petition) issued by the respondents for fixing the minimum wages,.

(iv) Notice has already been issued in W.P.(C) No.11849/2019 as well as in C.M.No. 48531/2019, returnable on 11th February, 2020.

(v) Much has been argued by the learned counsel for the petitioner about Section 3 of the Minimum Wages Act, 1948 read with Rule 20 of the Minimum Wages (Central) Rules, 1950.

(vi) As the earlier stay application, C.M.No.48531/2019 is already pending before this Court, the present application seeking the very same relief, on the fact of it, is not maintainable. Suffice it, however, to say, for the present, that we are not going much into the details of the arguments canvassed in this repetitive application for stay. Otherwise, the earlier stay application will also be affected by our order on merits. We may note that in the writ petition as well as in the earlier stay application, notice has already been issued.

(vii) It ought to be kept in mind that when this Court had already issued notice in the earlier stay application and had not granted any stay, the petitioner has no option but to follow the impugned notification and cannot avoid doing so by filing repeated stay application.

(viii) It cannot be said that till the notice is made returnable, the

respondent-Government shall deem as if stay is granted by this Court. In other words, there is no need for the respondents to presume any stay against the impugned notification.

3. With these observations, the application is dismissed.

CHIEF JUSTICE

C.HARI SHANKAR, J DECEMBER 23, 2019/'anb'