M/S Cofe Impex Private Limited & ORS. v. Governmentofnct Of Delhi & ORS.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6358/2023 M/S COFE IMPEX PRIVATE LIMITED & ORS. .....Petitioners Through:

Mr. Prashant Mehta, Mr.Varun Gupta, Ms. Simran Wason and Ms. Richa Mishra, Advocates.

versus GOVERNMENT OF DELHI & ORS. .....Respondents Through:

Ms. Avni Singh, Panel Counsel for GNCTD with Mr. Abhimanyu Kapoor, Advocate.

Ms. Vaishali Gupta, Panel Counsel (Civil).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 23.09.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Articles 226/227 of the Constitution of India seeks following prayers:- "a) Issue a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction setting aside the Impugned Order dated 08.08.2022 passed by Labour Department, GNCT of Delhi, West District; and/or b) Issue a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction setting aside/ stay onwarrant of arrest dated 13.04.2023 passed by S.D.M. (SaraswatiVihar), Rampura. Delhi;andlor c) Issue a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction to remand the matter back to the Learned Authority for a fresh determination on facts and law; and/or d) Issue a Writ in the nature of prohibition and/or any other appropriate Writ, Order or direction calling upon the Respondent to cease and desist from giving effect to and/or acting upon the aforesaid Impugned Order dated 08.08.2022.

e) Allow the Writ Petition and pass any such other and further Orders The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

3.

None appears on behalf of the Respondent no. 3. 4.

The impugned order dated 08.08.2022 passed by learned Commissioner, under Employees Compensation Act, 1923, Labour Department, GNCTD, West District, Delhi has been challenged on the ground of violation of principle of natural justice. It is the submission of learned counsel for the petitioner that the impugned order was passed without supplying any documents to the petitioner despite seeking the same. 5.

The present petition was being heard together with a batch of petitions challenging the same award. In the other petitions (W.P.(C) 6468/2023, W.P.(C) 6469/2023, W.P.(C) 6470/2023, W.P.(C) 6472/2023, W.P.(C) 6473/2023, W.P.(C) 6474/2023, W.P.(C) 6475/2023, W.P.(C) 6476/2023, W.P.(C) 6477/2023, W.P.(C) 6478/2023, W.P.(C) 6479/2023, W.P.(C) 6480/2023), the impugned order has been set aside with the consent of the parties and the dispute has been remanded back before the learned Commissioner, under Employees Compensation Act, 1923, Labour Department, GNCTD, West District, Delhi for fresh determination of the claims filed on behalf of similarly placed respondent after giving due opportunity to the petitioners in accordance with law. 6.

Accordingly, the impugned order dated 08.08.2022 is set aside and the matter is remanded back before the learned Commissioner, under Employees Compensation Act, 1923, Labour Department, GNCTD, West District, Delhi for fresh determination of the claims filed on behalf of respondent no.3 after giving due opportunity to the petitioners in accordance with law. 7.

The parties are directed to appear before the learned Commissioner, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

under Employees Compensation Act, 1923, Labour Department, GNCTD, West District, Delhi on 27.10.2025 at 11:00 AM. 8.

With the aforesaid directions, the present petition is disposed of. 9.

Pending application(s), if any, also stand disposed of. 10.

Copy of the order be sent to the concerned learned Commissioner, under Employees Compensation Act, 1923, Labour Department, GNCTD, West District, Delhi for necessary information and compliance. AMIT SHARMA, J SEPTEMBER 23, 2025/sn/yg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.