Amiown Schools Pvt. Ltd. vs Govt. Of Nct Of Delhi & Ors
2022 Latest Caselaw 3063 Del

                                         Neutral Citation Number 2022/DHC/005096

                         $~3
                         *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +      W.P.(C) 13701/2022, CM APPL. 41810/2022

                                AMIOWN SCHOOLS PVT. LTD.                 ..... Petitioner
                                               Through: Mr.Sandeep Prabhakar, Mr.Amit
                                                        Kumar, Mr.Rajan Chawla and
                                                        Mr.Vikas Mehta, Advocates
                                        versus

                                GOVT. OF NCT OF DELHI & ORS.             ..... Respondents
                                              Through: Mr.Sameer Vashisht, ASC (Civil),
                                                        GNCTD for respondents no.1 & 2.
                                                        Mr.Sumit Kumar, Advocate for
                                                        respondent no.3.

                         %                                   Date of Decision: 22.11.2022
                         CORAM:
                         HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                      JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

1. Present writ petition has been filed by the petitioner aggrieved of the order dated 12.08.2022 whereby the order regarding transfer of LIR No.1369/2021 titled as Vikram vs. Amiown School & Ors and ID No.1054/2016 titled as Workmen vs. Amiown School to POLC-1 were kept in abeyance.

2. In the backdrop, these matters were pending before the learned Industrial Tribunal-1 and the petitioner had moved an application for transfer of these cases. The Deputy Labour Commissioner in view of the fact that there was no presiding officer in Industrial Tribunal-2,

Signature Not Verified Digitally Signed By:RAJ BALA Signing Neutral Citation Number 2022/DHC/005096

initially transferred the matter to POLC-1. However, later on in view of the contentions raised by the parties regarding Section 10 (i) (d) and Section 33B of the Industrial Dispute Act, 1947, the order regarding transfer of the matters to POLC-1 were kept in abeyance.

3. Now, both the parties submit that the Presiding Officer, Industrial Tribunal-2 has joined. Therefore, in order to put the quietus to the present controversy, LIR No.1369/2021 titled as Vikram vs. Amiown School & Ors and ID No.1054/2016 titled as Workmen vs. Amiown School are withdrawn from the court of Industrial Tribunal-1 and assigned to court of Industrial Tribunal No.2 to be tried in accordance with law.

4. The transferee court is directed to send the entire record to the Industrial Tribunal-2.

5. Parties are directed to appear before the Industrial Tribunal-2 on 02.12.2022.

6. With the above observations, the writ petition stands disposed of.

7. Copy of the order be given dasti under signatures of the court master.

DINESH KUMAR SHARMA, J NOVEMBER 22, 2022 rb

Signature Not Verified Digitally Signed By:RAJ BALA Signing