Mam Chand v. Sub Divisional Magistrate Kotwali And ORS

$~452 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5015/2023, CM APPL. 29470/2025 MAM CHAND .....Petitioner Through:

Mr. Chirayu Jain and Mr. Geet Kumar Dahariya, Advocates.

versus SUB DIVISIONAL MAGISTRATE KOTWALI AND ORS .....Respondents Through:

Ms.

Avni Singh, Advocate for GNCTD.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.05.2025 1.

The present case raises an issue with respect to the inaction in issuing the recovery certificate inasmuch as the Deputy Labour Commissioner has sought a copy of the demand notice.

2.

Learned counsel appearing for the petitioner states that in a number of decisions passed by the Courts, the insistence of demand notice by the Regional Labour Commissioner has been negated. In this regard, reference is made to the order dated 30.04.2025 in W.P.(C) 4460/2025, wherein, noting the grievance, the Joint Secretary, Government of India was directed to appear and join the proceedings through VC. On 08.05.2025 the Joint Secretary appeared in W.P.(C) 4460/2025 and stated that the Government of India is also planning to come up with a similar notification on the lines of GNCTD, adopting the guidelines thereunder. It was further stated that a copy of draft SOP has also been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:43:55

placed on record. Learned counsel appearing for UOI states upon instructions that the SOP will be finalized and approved within a period of two weeks and the same would be notified within eight weeks thereafter. 3.

In view thereof, no further orders are required to be passed. The petition is disposed of in above terms.

MANOJ KUMAR OHRI, J MAY 28, 2025/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:43:55