Delhi High Court
M/S Ict Service Management ... vs Govt. Of Nct Of Delhi Labour ... on 16 December, 2020
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:17.12.2020
15:34:13
$~23 to 25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16th December, 2020
+ W.P.(C) 2211/2020 & CM APPL. 7736/2020
M/S ICT SERVICE MANAGEMENT SOLUTIONS (INDIA) PVT.
LTD. ..... Petitioner
Through: Mr. Satyabrata Panda and Ms. Deepa
Sinha, Advocates.
versus
GOVT. OF NCT OF DELHI LABOUR DEPARTMENT
AND ANR. ..... Respondents
Through: Mr. Sudhir Kumar Ojha, Advocate.
24 With
+ W.P.(C) 7414/2020 & CM APPLs. 24803-04/2020
M/S ICT SERVICE MANAGEMENT SOLUTIONS (INDIA) PVT
LTD ..... Petitioner
Through: Mr. Satyabrata Panda and Ms. Deepa
Sinha, Advocates.
versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Sudhir Kumar Ojha, Advocate.
25 With
+ W.P.(C) 7430/2020 & CM APPLs. 24832-33/2020
M/S ICT SERVICE MANAGEMENT SOLUTIONS (INDIA) PVT
LTD ..... Petitioner
Through: Mr. Satyabrata Panda and Ms. Deepa
Sinha, Advocates.
versus
GOVERNMENT OF NCT OF DELHI, LABOUR DEPARTMENT &
ANR. ..... Respondents
Through: Mr. Sudhir Kumar Ojha, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
Signature Not Verified
Digitally Signed
Signing Date:16.12.2020 20:59
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:17.12.2020
15:34:13
2. Order dated 26th February, 2020 records the possibility of an amicable
settlement in these matters. However, parties report that there has been no
settlement.
3. The present writ petitions have been filed challenging awards dated
30th March, 2019 passed by the Labour Court, by which the relief of
reinstatement with full backwages and continuity of service has been
granted in favour of the Workmen. The case of the Petitioner/Management
(hereinafter, "Management") is that the Workmen have concealed all the
relevant facts from the Courts below. According to the Management, the
Workmen wilfully absented themselves from work for long periods and in
view thereof, their services were validly terminated.
4. Ld. counsel for the Management submits that recovery proceedings
have now been initiated. Insofar as the reason for delay in approaching this
Court is concerned, ld. counsel submits that the Management was not aware
that the awards were passed and it is only when recovery proceedings were
initiated that knowledge of the awards was acquired by the Management.
5. Mr. Ojha, ld. counsel for the Workmen submits that the Management
had complete knowledge of the proceedings and despite that they chose to
stay away from the proceedings.
6. A perusal of the impugned awards shows that the Management was
duly served with the notice and the claims filed by the Workmen. The
Management had, in fact, entered appearance and filed vakalatnama on 15th
October, 2018. However, thereafter, they stopped appearing in the matters.
They did not file their written statement and no evidence was led in the
matters. This is clear from a reading of paragraphs 7 and 8 of the impugned
awards and the same are extracted herein below:
Signature Not Verified
Digitally Signed
Signing Date:16.12.2020 20:59
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:17.12.2020
15:34:13
"7. The management No.2 despite being served with
the notice of claim petition and putting up appearance
on 15.10.2018 and filing Vakalatnama failed to file WS
despite opportunity granted to it and accordingly its
defence was struck off vide order dated 25.03.2019.
8. The management No.1 did not appear before the
court despite being served with the notice of claim
petition and accordingly was proceeded ex-parte vide
order dated 16.05.2018."
7. While there is no doubt that the Management has been completely
negligent in pursuing its defense, a perusal of the impugned orders also
shows that there is no discussion on merits at all by the ld. PO- Labour
Court. Since there is no discussion on merits at all and the endeavour of the
Court ought to be to have adjudication on merits, keeping in mind the
circumstances of these cases, the present writs are disposed of with the
following directions:
i. The entire awarded amount shall be deposited before the
Labour Court by the Management within a period of six weeks from
today;
ii. Subject to the said deposit being made, the written statement
shall be taken on record on the next date before the Labour Court;
iii. The Management will be given one opportunity to lead
evidence and file its documents.
8. Litigation expenses of Rs.20,000/- each shall be paid to the Workmen
within six weeks. The bank account details of the Workmen shall be
communicated by Mr. Ojha, ld. counsel to Mr. Satyabrata Panda, ld. counsel
within two days.
9. Subject to compliance of the above directions, the impugned orders
Signature Not Verified
Digitally Signed
Signing Date:16.12.2020 20:59
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:17.12.2020
15:34:13
are set aside. The Management shall be entitled to lead its evidence and the
claims of the Workmen shall be decided in accordance with law. The
matters shall be disposed of, within a period of six months from the first date
of hearing before the Labour Court.
10. Parties to appear before the Labour Court on 29th January, 2021.
11. With these observations, the present petitions and all pending
applications are disposed of.
PRATHIBA M. SINGH
JUDGE
DECEMBER 16, 2020
dj/T
Signature Not Verified
Digitally Signed
Signing Date:16.12.2020 20:59
