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High Court of DelhiW.P.(C)/5864/2024

Rukmani Manori Pandey v. Union Of India & ORS.

2024-04-26Hon'Ble Mr. Justice Chandra Dhari Singh3 pages

$~A-94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5864/2024 RUKMANI MANORI PANDEY .....Petitioner Through:

Appearance not given versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Ranjit Singh Walia, Ms. Renuka Singh, Mr. Raj Bhushan, Mr. Shikhar Tandon and Ms. Rekha Kumari, Advocates for R-3

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 23.08.2024 CM APPL. 47745/2024(Seeking clarification of the order dated 26th April, 2024) 1.

The instant application has been filed by the respondent no. 3/applicant seeking clarification of the order dated 26th April, 2024 passed by this Court.

2.

Learned counsel appearing on behalf of the applicant submitted that the order dated 26th April, 2024 was passed by this Court on the innocuous prayer made by learned counsel appearing on behalf of the petitioner/nonapplicant without pressing the same on the merit of the case. The innocuous prayer was made by the learned counsel appearing on behalf of the petitioner/non-applicant and it was submitted that the matter is pending before the learned Tribunal and the same may be decided expeditiously The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

within a timeframe manner.

3.

Learned counsel appearing on behalf of the applicant further submitted that while passing the said order, this Court has directed the learned Tribunal to decide the matter pending before the learned Tribunal taking into consideration of the entirety of the matter in accordance with law expeditiously preferably within nine months.

4.

It is submitted that this Court may clarify that this Court has not entered into the merits of the case and direct that the matter shall be decided by the learned Tribunal in accordance with the existing law expeditiously preferably within nine months.

5.

Learned counsel appearing on behalf of the petitioner/non-applicant has no objection on the clarification sought above on behalf of the respondent no. 3/applicant.

6.

Heard learned counsel appearing on behalf of the parties and perused the order dated 26th April, 2024 as well as the contents made in the application.

7.

In view of the above submission advanced on behalf of the parties and for the sufficient cause being shown in the application, the instant application is allowed and the order dated 26th April, 2024 stands clarified. 8.

Accordingly, the paragraph of the order dated 26th April, 2024 i.e. "In the interest of justice, Tribunal is directed to decide the industrial dispute bearing I.D. No. 252/2018 accordance with law after taking into consideration of entirety of the matter and evidence expeditiously, preferably within nine months" shall henceforth be read as "In the interest of justice, Tribunal is directed to decide the industrial dispute bearing I.D. No. 252/2018 in accordance with existing law expeditiously, preferably The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

within six months from today."

9.

In view of the above terms, the application stands disposed of. CM APPL. 47746/2024 In view of the order of even date passed in CM APPL. 47745/2024, this Court has already disposed of the said application and the order dated 26th April, 2024 has been modified.

Therefore, no need arise for stay on the proceedings pending before the learned Tribunal.

Accordingly, the instant application stands disposed of. CHANDRA DHARI SINGH, J AUGUST 23, 2024 gs/av Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.