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High Court of DelhiW.P.(C)/2319/2015

Beacon Merchandise Pvt. Ltd. v. Shri Ziaullah Ansari

2017-04-28Hon'Ble Mr. Justice Sunil Gaur3 pages

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-14 to 16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

(i) + W.P.(C) 2319/2015 &C.MS.4164/15,13699/15,13714/15 (ii) + W.P.(C) 2320/2015 & C.Ms.4166/15,13698/15,13715/15 (iii) + W.P.(C) 2321/2015 & C.Ms.4168/15, 13697/15, 13716/15 BEACON MERCHANDISE PVT. LTD.

Petitioner Through:

Nemo versus (i) SHRIZIAULLAHANSARI (ii) MD. MUKIM (iii) AVAEEL SALAM Respondents Through:

Mr. Fidel Sebastian, Advocate CORAM;

HON'BLE MR.

JUSTICE SUNIL GAUR

ORDER

% 28.04.2017 Petitioner is the Management, who is aggrieved by Award of 25'^ September, 2013 vide which it has been directed that respondentworkman be reinstated with 50% back wages. As per order of 17^*^ December, 2015, efforts for reconciliation have failed and the case was adjourned to 25"^ April, 2016 to be heard on merits. After 17 December, 2015, none has been appearing on behalf of petitioner in spite of the fact that these cases have been taken up for hearing on three earlier occasions.

Even today in pre-lunch session, none had appeared on behalf of petitioner and the matters were passed over for post-lunch session. Now, these matters are taken up in post-lunch session. Still, none appears on fV.Ps.fCJ 2319-21/2015 Page]

behalf of petitioner. In such a situation, there is no option except to dismiss these petitions in default.

In view of above, these petitions are dismissed in default. Consequently, the pending applications are disposed of as infructuous. Respondents are at liberty to get the impugned Award executed. (SUNIL GAUR) JUDGE APRIL 28,2017 . 'f" ff', Cfpfj. iqs4o(^a >c/..Mr W.Fs. (C) 2319-21/2015

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2320/2015 BEACON MERCHANDISE PVT. LTD.

Petitioner Through:

None, versus MD. MUKIM Respondent Through:

Mr. Fidel Sebastian, Advocate.

CORAM:

HON'BLE MR.

JUSTICE J.R. MIDHA

ORDER

% 22.05.2019 CM No.23247/2019 The application is allowed and the matter is taken for early hearing today itself. The date of 08"^ July, 2019 is cancelled. CM No.19842/2019 The respondent is seeking the release of the amount deposited by the petitioner in terms of the order dated 13^*^ April, 2015. This writ petition was dismissed in default on 28*'^ April, 2017. No application for restoration has r been filed and more than two years have passed since then. The application is allowed and the Registrar General is directed to release the amount deposited by the petitioner to the respondent within four weeks.

Copy of this order be sent to the petitioner. Copy of this order be given dasti to counsel for the respondent under signature of Court Master.

J.R. MIDHA, i.'

MAY 22, 2019/ak