M/S Lv Tools & Components v. Govt. Of NCT Of Delhi

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5161/2016 & CM 21505/2016 M/S LV TOOLS & COMPONENTS ..... Petitioner Through:

Mr. Amit Gupta, Mr.Anshul Saroha, Ms.Mansi Kukreja, Advs.

versus GOVT. OF NCT OF DELHI ..... Respondent Through:

Mr. Naveen Jakhar, Adv. for Mr.Satyakam, ASC for GNCTD.

Mr.Akarsh Bhalla, Adv. for R-2 to R-7.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 10.04.2017 1.

The petitioner has challenged the ex parte order dated 19th October, 2015.

2.

After some hearing, this Court is of the view that the petitioner's defence on merits needs to be considered by the Authority under the Minimum Wages Act. In that view of the matter, the impugned order dated 19th October, 2015 is hereby set aside and the case is remanded back to the Authority under the Minimum Wages Act for fresh adjudication on merits after considering the defence of the petitioner. 3.

The matter be listed before the Authority under the Minimum Wages Act on 11th May, 2017 when the petitioner shall file the written statement along with all relevant documents relating to this case within its power and possession. The Authority shall permit the respondent to file the rejoinder and thereafter opportunity to both the parties to lead the evidence. The

Authority shall endeavour to decide the matter afresh within a period of six months from 11th May, 2017.

The petitioner shall pay the litigation expenses of Rs.25,000/- to the respondents through their counsel within a period of three weeks from today.

4.

The writ petition and pending application are disposed of. 5.

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

J.R. MIDHA, J.

APRIL 10, 2017 dk