Living Media India Ltd v. Deputy Labour Commissioner & ANR

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 299/2016 LIVING MEDIA INDIA LTD.

....Appellant Through Ms. Esha Mazumdar, Advocate versus DEPUTY LABOUR COMMISSIONER & ANR. ..... Respondents Through None

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 11.05.2016 The present appeal is directed against the order of the Single Judge dated 09.05.2016 whereby notice was issued in WP(C) No. 4048/2016 returnable on 24.05.2016. The Single Judge already issued notice on interim application for stay.

It is contended that by declining or at least not granting an ex-parte ad-interim order, the appellant's rights have been prejudiced because the impugned order was made by the Deputy Labour Commissioner without jurisdiction. He did not possess the power to adjudicate the disputed question of fact under Section 17 (1) of the Working Journalists & other Newspaper Employees (Conditions of service) and Miscellaneous Provisions Act, 1955. This Court is of the opinion that an appeal against the order is not maintainable. However, it is open to the appellant to move the Single Judge either for advancing or pre-poning the ad interim application; in case of such event, the Single Judge may conveniently consider the limitation of the submissions as to whether an ad interim order as sought by the appellant is warranted and make such orders as are appropriate in accordance with law. The LPA is disposed of accordingly.

A copy of this order be given dasti to counsel for the appellant, under the signatures of the Court Master.

S. RAVINDRA BHAT, J DEEPA SHARMA, J MAY 11, 2016 P