Delhi High Court
Sukarma Technologies Pvt Ltd vs Rajiv Nainwal on 21 November, 2022
Neutral Citation Number : 2022/DHC/005022
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1216/2022, CM APPL. 48669/2022 and CM APPL.
48670/2022
SUKARMA TECHNOLOGIES PVT LTD ..... Petitioner
Through: Mr. Vijay Gupta, Adv.
versus
RAJIV NAINWAL ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT(ORAL)
% 21.11.2022
1. I have serious doubts as to whether this petition would at all be
maintainable under Article 227 of the Constitution of India.
Nonetheless, in view of the request made, I am entertaining the matter.
2. The only prayer of the petitioner, as canvassed by Mr. Gupta,
learned Counsel for the petitioner is that the office of the Joint Labour
Commissioner, Labour Department, New Delhi, which is presently
hearing Case No. 02/PGA/LO/NDD/2022/650-652, filed by an
employee Rajiv Nainwal against the petitioner, should be directed to
extend the facility of virtual hearing to the petitioner.
3. The record does not indicate that any such request was made
before the learned Joint Labour Commissioner and rejected.
4. Nonetheless, Mr. Gupta, learned Counsel submits that the office
of the learned Joint Labour Commissioner did not permit the
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:22.11.2022
14:32:43
Neutral Citation Number : 2022/DHC/005022
application to be filed. He has filed a copy of the application which
was attempted to be presented before the learned Joint Labour
Commissioner as Annexure P-1 to this petition. The application reads
thus:
"GOVERNMENT OF NATIONAL CAPITAL TERRIORITY
OF DELHI
OFFICE OF THE JOINT LABOUR COMMISSIONER,
LABOUR DEPARTMENT, NEW DELHI DISTRICT
EMPLOYMENT EXCHANGE BUILDING, PUSA CAMPUS,
NEW DELHI-11012
Mr. Rajiv Nainwal ... Employee
Versus
M/s. Sukarma Technologies Private Limited ...Respondent/
Employer
Application for virtual hearing
The petitioner respectfully submits as under:-
1. That this case is pending before this authority. The next
date of hearing is 06/10 2022.
2. That the counsel Mr. Vijay Gupta, Advocate (Enrolment
No. D/30/1968) who is 76 years old is currently unwell and has
been advise by his doctor to conduct the hearings virtually, through
video conferencing only.
3. The respondent accordingly prays that this Learned
Authority may kindly be pleased to:-
i) allow this application and pass orders directing
virtual hearing in the above case through video
conferencing; and
ii) any other or further orders or directions in favour of
the counsel may be passed as this authority may deem fit
and proper in the facts and circumstances of this case."
5. This Court under Article 227 of the Constitution of India, is not
in a position to monitor requests for video hearing before other
judicial authorities.
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:22.11.2022
14:32:43
Neutral Citation Number : 2022/DHC/005022
6. As such, the petition is disposed of with a direction to the
learned Joint Labour Commissioner to take a decision on the
petitioner's application seeking permission to appear virtually in the
proceedings.
7. It is made clear that this Court has not expressed any view on
whether the application is required to be allowed or rejected. It would
be for the learned Joint Labour Commissioner to take a view in that
regard, keeping all relevant factors in mind.
8. This petition is accordingly disposed of. Miscellaneous
applications are also disposed of.
9. Copy of this order be given dasti to learned Counsel for the
petitioner under the signature of the Court Master.
C.HARI SHANKAR, J
NOVEMBER 21, 2022
rb
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:22.11.2022
14:32:43
