Delhi High Court
Sh. Naveen Kumar vs M/S Sir Ganga Ram City Hospital And ... on 14 October, 2019
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision :- 14.10.2019
+ W.P.(C) 8859/2018
SH. NAVEEN KUMAR ..... Petitioner
Through: Mr. Sudhir Sharma, Adv.
versus
M/S SIR GANGA RAM CITY HOSPITAL AND ANR.
.. Respondents
Through: Mr.Harvinder Singh with Mr.Shiven
Khurana & Ms.Nidhi Sanotra, Advs.
for R-1.
Mr.Pankaj Yadav & Mr.Priyaranjan
Dubey, Advs. for R-2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
1. The present writ petition filed by the workman assails the ex-
parte award dated 10.04.2018 passed by the learned Labour Court-
XVII, Dwarka Courts, New Delhi in LIR No.740/18. Under the
impugned award the learned Labour Court had, after coming to the
conclusion that the petitioner's services had been terminated eight
months before the scheduled date, directed the respondent no.1 to pay
a lump sum compensation of Rs.35,000/- to the petitioner.
2. Learned counsel for the petitioner submits that the petitioner is
WP (C) No.8859/2018 Page 1 of 3
aggrieved by the award as the Labour Court despite holding his
termination to be illegal, has without any basis declined to grant him
reinstatement. He therefore prays that the matter be remanded back to
the Labour Court for fresh adjudication. At this stage, learned counsel
for the respondent no.1 points out that since the impugned award was
passed ex-parte, the said respondent has already moved an application
seeking recall of the order dated 05.04.2018 whereby it was
proceeded against ex-parte as also of the consequential impugned ex-
parte award dated 10.04.2018. He submits that the said application is
pending consideration before the learned Labour Court and is now
listed on 24.10.2019, in which proceedings, the petitioner's authorised
representative has already made a statement that he will not oppose
the respondent's application for restoration as the petitioner is also
seeking setting aside of the impugned award by way of the present
petition.
3. In the light of the aforesaid, when both the parties are aggrieved
by the impugned award, it would be appropriate and in the interest of
justice to remand the matter back to the Labour Court for deciding the
dispute afresh after giving due opportunity to both the parties to
complete their respective pleadings and lead evidence.
4. The writ petition is accordingly allowed by setting aside the
impugned award and remanding the matter back to the Labour Court
for fresh adjudication. The respondent no.1 will file its reply before
the learned Labour Court on the next date, i.e., 24.10.2019 whereafter
the Court will proceed expeditiously with the matter in accordance
with law.
WP (C) No.8859/2018 Page 2 of 3
5. However, keeping in view the fact that the respondent no.1's
application for recall of the order dated 05.04.2018 and the impugned
award dated 10.04.2018 will now be rendered infructuous, the
respondent is directed to pay a sum of Rs.10,000/- as costs to the
petitioner within two weeks from today.
6. The writ petition is disposed of in the above terms.
REKHA PALLI, J.
OCTOBER 14, 2019
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