Indian Express Newspaper Workers Union Registered v. Indian Express Newspaper Private Limited

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11082/2024, CM APPLs. 45782-83/2024 INDIAN EXPRESS NEWSPAPER WORKERS UNION REGISTERED .....Petitioner Through:

Ms. Kawalpreet Kaur, Mr. Umesh Kumar and Mr. Pius Kr., Advocates versus INDIAN EXPRESS NEWSPAPER PRIVATE LIMITED .....Respondent Through:

Mr. N.B Joshi, Mr. Anurag Ranjan, Mr. R.D Palhak, Ms. Archana and Ms. Monika Bansal, Advocates

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 09.08.2024 1.

The present Petition impugns the Order dated 02.08.2024 passed by the Presiding Officer, Industrial Tribunal-II, Rouse Avenue District Court, New Delhi Tribunal in POIT no. 698/2016.

2.

Issue Notice.

2.1 Learned Counsel for the Respondent, who appears on advance service, accepts Notice and raises a preliminary objection. He seeks to rely upon the judgment of the Division Bench dated 20.03.2024 passed in LPA No. 234/2024 to submit that what was allowed by the Division Bench of the Court was very clear. The Appellant [Petitioner before this Court] was granted two weeks to tender additional evidence qua documents which formed part of the record before the learned Single Judge in W.P.(C) 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 14/08/2024 at 11:40:55

11128/2024. Additional directions were also passed by the Division Bench. 2.2 Learned Counsel for the Respondent also submits that what was placed before the learned Labour Court were the documents which did not form part of the record of the learned Single Judge in W.P.(C) 11128/2024. 3.

Learned Counsel for the Petitioner submits that the Petitioner has stated in the Appeal as well as before the learned Labour Court that two sets of documents were not on record before the Single Bench even though filed, were now found by the Registry to be in defects and some were also handed over during arguments which are also not on record. 4.

Learned Counsel for the Respondent refutes the above contention. 5.

Given these facts that that these directions were passed by the Division Bench of this Court by its order dated 20.03.2024, liberty is granted to the parties to approach the Division Bench and seeks an appropriate clarification therefrom.

6.

The Appeal is, accordingly, disposed of with the aforesaid directions. All pending Applications stand disposed of. All rights and contentions of both parties are left open.

7.

TARA VITASTA GANJU, J AUGUST 9, 2024 g.joshi 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. The Order is downloaded from the DHC Server on 14/08/2024 at 11:40:55