Savinder Kaur v. Pawan Hans Ltd

$~A-6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6635/2020 SAVINDER KAUR ..... Petitioner Through: Mr. Raj Singh Phogat, Advocate versus PAWAN HANS LTD ..... Respondent Through: Mr. Puneet Taneja, Advocate

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 18.09.2020 Hearing has been conducted through Video Conferencing. C.M. 23120/2020 (Exemption) Allowed subject to all just exceptions.

Application stands disposed of.

W.P.(C) 6635/2020 Present petition has been filed by the Petitioner with the following prayers:

"a. Issue the writ, order or directions in nature of mandamus or CERTIORARI or like nature against the Respondent for treating the period of service from 01/12/2016 to 24/01/2018 rendered in the Respondent Company as lien in terms of the order passed by the Hon'ble High Court in the writ petition (C) No.4963 of 2017 and refund the amount taken as notice pay for relieving from the services for joining back the parent department of IPGCL and its consequential pay benefits as under:-

(i) to refund the amount of Rs.5,20,061/- (Five Lacs twenty thousand and sixty one Rupees) taken in lieu of notice pay for relieving with interest till date of final refund. (ii) to release the pay arrears of annual increment due on 01/07/2017, with interest, which was released vide IOM dated 22/01/2018.

(iii) to release the revised pay arrears including allowances w.e.f. 01/01/2017 to 24/01/2018 on the account of revision of pay scale of Pawan Hans Ltd w.e.f. 01/01/2017, with interest.

(iv) to transfer the revised amount to leave salary contribution, EPF, gratuity etc to her parent organization i.e. IPGCL.

(v) to award the cost of legal notice as Rs.10,000/- and the cost of litigation in the Hon'ble High Court as deemed fit." From the relief sought as well as the memorandum of parties it is clear that the relief has been sought by the Petitioner against Pawan Hans Ltd. through its Chairman cum Managing Director, whose Corporate Office is located at Noida. No cause of action has arisen within the jurisdiction of this court. This Court thus has no territorial jurisdiction to entertain the present petition.

At this stage, Mr. Raj Singh Phogat learned counsel for the Petitioner, on instructions, seeks leave to withdraw the petition, with liberty to approach the appropriate Court having territorial jurisdiction to entertain the relief sought by the Petitioner.

Writ petition is disposed of as withdrawn, with liberty as aforesaid. JYOTI SINGH, J SEPTEMBER 18, 2020/yg