Delhi High Court
Vikas Kumar Sharma vs Bsh Household Appliances ... on 11 October, 2021
$~28 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 11.10.2021
+ LPA 365/2021 & CM Nos. 35554-55/2021
VIKAS KUMAR SHARMA ..... Appellant
Through: Mr. Anuj Aggarwal, Advocate.
versus
BSH HOUSEHOLD APPLIANCES MANUFACTURING PVT LTD
..... Respondent
Through: Mr. Praveen Mahajan, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
RAJIV SHAKDHER, J.: (ORAL)
[Physical Court Hearing]
1. On the previous date, i.e., 07.10.2021, we had passed the following
order:-
"CM No.35553/2021
1. Allowed, subject to just exceptions.
LPA 365/2021
CM No.35554/2021[Application filed on behalf of the
appellant for taking additional documents on record]
CM No.35555/2021[Application filed on behalf of the
appellant for interim relief]
2. This appeal is directed against the order dated 09.09.2021,
passed by the learned single judge in W.P.(C.) 7188/2019.
2.1 The limited grievance of the appellant i.e., the workman is
that, although, the early hearing application preferred by him
was allowed, a direction was issued by the learned single judge,
Digitally Signed
By:HARIOM
Signing Date:18.10.2021
00:57:00
which has the effect of listing the application, preferred under
Section 17-B of the Industrial Disputes Act, 1947, along with
the main matter i.e. the writ petition.
3. We may note that, the direction of the learned single judge,
qua which the appellant/workman has articulated his grievance,
is contained in paragraph 6 of the impugned order.
3.1. For the sake of convenience, paragraph 6 of the impugned
order is extracted hereafter :
"6. List the matter in the main list on 9th November,
2021 for hearing of the application under Section 17B of
the Industrial Disputes Act, 1947 first and then the main
matter."
3.2. Mr. Anuj Aggarwal, who appears on behalf of the
appellant, says that, the direction [which is extracted
hereinabove] is contrary to the judgment of the Supreme Court
rendered in Workmen v. Hindustan Vegetable Oils
Corporation Ltd. & Ors., (2000) 9 SCC 534 as also the
judgments rendered by two Division Benches of this Court i.e.,
in LPA No.1902/2006 titled Iklash Hussain v. Delhi Transport
Corporation, dated 18.10.2006, and, in LPA No.190/2006 titled
Airport Authority of India v. Puran Chand & Ors., dated
08.09.2006.
4. Issue notice to the respondent, via all permissible modes,
including e-mail. Besides this, service will also be effected on
the advocate, who appeared for the respondent before the
learned single judge.
5. List the matter on 11.10.2021."
2. Today, Mr. Praveen Mahajan has entered appearance on behalf of the
respondent.
2.1. Mr. Mahajan consents to the Section 17-B application, filed under
Industrial Disputes Act, 1947, being disposed of by the learned single judge
on any date, as per her convenience, and once Section 17-B application is
disposed of, the writ petition can be fixed for disposal, on the date allocated
by the learned single judge.
3. Given the foregoing, the appeal is disposed of, with the request to the
Digitally Signed
By:HARIOM
Signing Date:18.10.2021
00:57:00
learned single judge, to dispose of the application under Section 17-B of the
Industrial Disputes Act, 1947.
3.1. After a decision is rendered in the said application, the learned single
judge would be free to allocate a date, for disposal of the writ petition.
3.2. In order to hasten the proceedings, list the writ petition [from which
the present appeal arises], along with Section 17-B application, before the
learned single judge on 25.10.2021, for directions.
4. The appeal is disposed of, in the aforesaid terms. Consequently,
pending applications shall also stand closed.
RAJIV SHAKDHER, J
TALWANT SINGH, J
OCTOBER 11, 2021/nk
Click here to check corrigendum, if any
Digitally Signed
By:HARIOM
Signing Date:18.10.2021
00:57:00
