Delhi High Court
Living Media India Ltd vs Mohammad Sahid on 26 August, 2022
$~42 to 46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12359/2022
LIVING MEDIA INDIA LTD ..... Petitioner
Through: Mr. Krishikesh Barua with
Mr. Nirmal Mishra, Mr. Prem Kumar
Singh and Ms. Naisargika, Advocates.
versus
MOHAMMAD SAHID ..... Respondent
Through: Mr. N.A. Sebastian, Advocate.
+ W.P.(C) 12382/2022
LIVING MEDIA INDIA LIMITED ..... Petitioner
Through: Mr. Krishikesh Barua with
Mr. Nirmal Mishra, Mr. Prem Kumar
Singh and Ms. Naisargika, Advocates.
versus
BRAJESH MANI ..... Respondent
Through: Mr. N.A. Sebastian, Advocate.
+ W.P.(C) 12393/2022
LIVING MEDIA INDIA LTD ..... Petitioner
Through: Mr. Krishikesh Barua with
Mr. Nirmal Mishra, Mr. Prem Kumar
Singh and Ms. Naisargika, Advocates.
versus
RAJ KUMAR ..... Respondent
Through: Mr. N.A. Sebastian, Advocate.
W.P.(C) 12359/2022 & Page 1 of 5
Signature Not Verified Other connected matters
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.08.2022
11:16:22
+ W.P.(C) 12394/2022
LIVING MEDIA INDIA LTD ..... Petitioner
Through: Mr. Krishikesh Barua with
Mr. Nirmal Mishra, Mr. Prem Kumar
Singh and Ms. Naisargika, Advocates.
versus
VINOD KUMAR SHAHI .... Respondent
Through: Mr. N.A. Sebastian, Advocate.
+ W.P.(C) 12395/2022
LIVING MEDIA INDIA LTD ..... Petitioner
Through: Mr. Krishikesh Barua with
Mr. Nirmal Mishra, Mr. Prem Kumar
Singh and Ms. Naisargika, Advocates.
versus
KASHINADH RAO ..... Respondent
Through: Mr. N.A. Sebastian, Advocate.
% Date of Decision: 26th August, 2022.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CAV 247/2022 in W.P.(C) 12382/2022 & CAV 248/2022 in W.P.(C)
12393/2022
Since learned counsel for respondents has entered appearance, the
caveats stand discharged.
Signature Not Verified Other connected matters
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.08.2022
11:16:22
W.P.(C) 12359/2022 & CM APPL. 37108/2022 (stay), W.P.(C)
12382/2022 & CM APPL. 37175/2022 (stay), W.P.(C) 12393/2022 & CM
APPL. 37219/2022 (stay), W.P.(C) 12394/2022 & CM APPL. 37223/2022
(stay), W.P.(C) 12395/2022 & CM APPL. 37225/2022 (stay)
1. Present writ petitions have been filed challenging the order dated
04.08.2022, whereby, the learned Presiding Officer, Labour Court has
dismissed the application of the petitioner for taking on record three e-mails
dated 03.09.2012, 18.09.2012 and 26.09.2012 along with affidavit(s),
certificate under 65-B Evidence Act and copy of Rent Agreement dated
10.08.2012 entered into between T.V. Today Network Ltd. and Living Media
India Ltd on record.
2. Perusal of the impugned order indicates that the learned Labour Court
has dismissed the application primarily on two grounds:-
(i) the case is at the stage of final arguments,
(ii) the management was having registered office at Delhi earlier
and subsequently shifting office address to Noida has no
relevance on the issue of territorial jurisdiction; and
(iii) since a reference has been made by the Delhi Government,
which remained unchallenged, therefore the application of the
petitioner/management is without merits.
3. Learned counsel for the petitioner submits that the petitioner is
prejudiced by the observations made by the learned Presiding Officer,
Labour Court as the issue of territorial jurisdiction is yet to be decided.
Learned counsel for the petitioner further submits that he will not seek any
Signature Not Verified Other connected matters
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.08.2022
11:16:22
further opportunity to lead evidence qua these three e-mails. It has been
submitted that an affidavit has already been filed and his request is only
limited to the extent that these three three e-mails dated 03.09.2012,
18.09.2012 and 26.09.2012, affidavit(s), certificate under 65-B Evidence
Act and copy of Rent Agreement dated 10.08.2012 entered into between
T.V. Today Network Ltd. and Living Media India Ltd may be considered by
the learned Labour Court, while adjudicating the matter finally.
4. Learned counsel for the respondent has very graciously submitted that
he would have no objection in considering the documents, i.e., three e-mails
dated 03.09.2012, 18.09.2012 and 26.09.2012, affidavit(s), certificate under
65-B Evidence Act and copy of Rent Agreement dated 10.08.2012 entered
into between T.V. Today Network Ltd. and Living Media India Ltd.
However, the petitioner/management may not seek any opportunity to lead
evidence, which may delay the disposal of the proceedings before the
learned Labour Court.
5. Learned counsel for the petitioner has stated at bar that the
petitioner/management will not seek any opportunity for leading evidence
before the learned Labour Court.
6. In view of the submissions made, the impugned order dated
04.08.2022 is set aside with a direction to the learned Labour Court that
these three e-mails dated 03.09.2012, 18.09.2012 and 26.09.2012,
affidavit(s), certificate under 65-B Evidence Act and copy of Rent
Agreement dated 10.08.2012 entered into between T.V. Today Network Ltd.
and Living Media India Ltd. be taken on record and considered as per law.
Signature Not Verified Other connected matters
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.08.2022
11:16:22
Since the matter is already at the stage of final arguments, the learned
Labour Court is directed to decide the same expeditiously without any
further delay.
7. Accordingly, the present writ petitions along with the applications
stand disposed of.
DINESH KUMAR SHARMA, J
AUGUST 26, 2022
st
Signature Not Verified Other connected matters
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.08.2022
11:16:22
