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High Court of DelhiW.P.(C)/16453/2024

The Taj Hotel Employees Association v. Union Of India And ANR.

2024-11-28Hon'Ble Mr. Justice Girish Kathpalia2 pages

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16453/2024 THE TAJ HOTEL EMPLOYEES ASSOCIATION .....Petitioner Through:

Mr. Akshit Gadhok, Advocate versus UNION OF INDIA AND ANR.

.....Respondents Through:

Ms. Arunima Dwivedi, CGSC for UOI/R-1 Ms. Nancy Shah, Advocate with Dr.

Pushpa, Labour Officer for R-2

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 28.11.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 69445/2024 (exemption) 1.

Allowed, subject to all just exceptions.

W.P.(C) 16453/2024 2.

The prayer submitted in this fresh petition is as follows: "(i) to issue a writ, order and direction in the nature of writ of mandamus and quash the order dated 04.03.2024 passed by Additional Labour Commissioner whereby 12 cases out of 21 cases have been transferred from the Court of Ld. POIT-2, Rouse Avenue District Court No.405, New Delhi to the Court of Ld. POIT-1, Rouse Avenue Court No.305, New Delhi;

(ii) to issue a writ, order and direction in the nature of writ mandamus to the list all 21 cases together either before the Court of Ld. POIT - 2, Rouse Avenue District Court No.405, New Delhi or before the Court of Sh. Ld. POIT-1, Rouse Avenue Court No.305, New Delhi as arising out of Main Matter "The Taj Hotel Employees Association vs The Management of Taj Mahal Hotel & Ors, ID No. 913/2016 and to 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 29/11/2024 at 12:57:14

expedite the proceedings in regard to order dated 23.05.2023 passed in W.P No. 7066/2023 by this Hon'ble Court;

(iii) pass any other or further order(s) as deemed fit and appropriate in the facts and circumstances of the case."

3.

Learned counsel for both respondents appearing on advance intimation accept notice. Learned counsel for respondent no.2 submits that the prayer sought by the petitioner is already being acted upon by way of transferring from POIT-2 to POIT-1, the 9 cases out of 21 cases which were pending in the court of POIT-2, so that all cases are heard by same court. Learned counsel for respondent no. 2 on instructions of Dr. Pushpa, Labour Officer present in court submits that the entire transfer of those cases shall be completed within a span of three weeks. The said statement is taken on record.

4.

Accordingly, the petition stands disposed of in above terms. GIRISH KATHPALIA, J NOVEMBER 28, 2024/rk 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 29/11/2024 at 12:57:14