Umakant Malakar v. Regional Labour Commissioner & ANR.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 228/2025 UMAKANT MALAKAR .....Petitioner Through:

Mr. Anuj Aggarwal and Mr. Pradeep Kumar, Advocates versus REGIONAL LABOUR COMMISSIONER & ANR. .....Respondents Through:

Mr. Brijesh Yadav, SC with Mr. P.C.

Pathak, Advocate for R1 Mr. Nirvikar Verma and Mr. Varun Arora, Advocates for R2

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 13.01.2025 [Physical Hearing/Hybrid Hearing (as per request)] 1.

In furtherance of last order, learned counsel for both respondents have appeared with instructions. Learned counsel for respondent no.1 on instructions undertakes to initiate the recovery proceedings in question within one week. It appears that the application dated 30.08.2024 of the petitioner seeking implementation of award dated 25.04.2023 passed in ID 53/2019 was rejected on the ground that the petitioner had not submitted copy of the demand notice and proof of service thereof. Once there was a labour court award, there was no occasion for rejection of the application on such frivolous ground.

2.

Nevertheless, in view of undertaking submitted on behalf of respondent no.1, the petition is allowed with the directions to respondent 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 24/01/2025 at 12:58:57

no.1 to initiate the recovery proceedings in terms with the said award within one week from today. Pending applications stands disposed of. GIRISH KATHPALIA, J JANUARY 13, 2025/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 24/01/2025 at 12:58:57