Gupta Bros. (India) v. Lokesh Nanda

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14061/2023 and CM APPL. 55485/2023 GUPTA BROS. (INDIA) .....Petitioner Through: Mr. Vinod Kumar, Advocate versus LOKESH NANDA .....Respondent Through: None

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 20.04.2026 1.

By way of the present petition, the petitioner is aggrieved by the order dated 19.09.2023, passed by the learned Deputy Labour Commissioner, South East Delhi, whereby the application filed by the respondent seeking condonation of delay came to be allowed, however, without a cryptic order. 2.

Though the respondent stands served, however, none has appeared on behalf of the respondent since the last two dates of hearing. 3.

The proviso to Section 21(2) of the Delhi Shops and Establishments Act, 1954, stipulates that an application seeking claim related to wages, be filed within a period of one year, from the date on which the claim has become payable. The second proviso to Section 21(2) empowers the learned Labour Commissioner to condone the delay, on the ground of sufficient cause being shown.

4.

It is informed that after filing of the present petition, the proceedings before the learned Labour Commissioner have not proceeded further, and were adjourned sine die, though there is no such direction by this Court. 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 24/04/2026 at 13:18:42

5.

In view of the above, the impugned order is set aside. Let the application under Section 5 of Limitation Act be considered afresh after giving due notice to the claimant.

6.

Needless to state, this Court has not expressed any opinion on the merits of the case.

7.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J APRIL 20, 2026 na 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 24/04/2026 at 13:18:42