High Court of DelhiW.P.(C)/6855/2016

South Delhi Municipal Corporation v. Charan Singh Bhati And ORS

2016-08-08Cases Of Hmj S.N. Dhingra2 pages

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6855/2016 SOUTH DELHI MUNICIPAL CORPORATION ..... Appellant Through: Mr. R.L. Goel and Ms Anju Gupta, Advs.

Versus

CHARAN SINGH BHATI & ORS.

..... Respondents Through: Mr. Shadan Farasat and Mr. Ahmed Said, Advs. for Resp./ GNCT of Delhi.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 05.07.2017 CM No. 20994/2017 (Exemption) Allowed subject to all just exceptions.

Review Petition 237/2017 & CM Nos. 20992/2017 (condonation of delay of 260 days) & 20993/2017 (Stay) The petitioner/ review petitioner has brought to the notice of the Court an order dated 14.03.2016 passed in WP(C) No. 2097/2016, which reads as under:

"..... Counsel for the petitioner submits that these matters also pertain to the issue of Washing Allowance and raise issues identical to those raised in WP(C) 8812/2007, as well as WP(C) 8097/2015, 8099/2015, 8100/2015, 8105/2015, 8112/2015, 8113/2015, 8114/2015, 8366/2015, 8367/2015 and 8368/2015. He also states that the aforesaid batch of the matters are pending adjudication before the Bench of Hon'ble V.P. Vaish, J., where WP(C) 8812/2007 has been directed to be treated as the lead matter.

Under the circumstances, list these matters also before

the Bench of Hon'ble V.P. Vaish, J., on 1st April, 2016. Counsel for the petitioner has also brought to the notice of this Court interim orders passed on 10.12.2007 in WP(C) 8812/2007, i.e., the lead matter in this case, whereby further recovery was stayed on terms.

Consequently, and as prayed, further recovery in this matter is also stayed till the next date of hearing and the petitioner is directed to go on paying the Washing Allowance in the sum of Rs. 30/- per month to the workmen....." This and related orders annexed to the Review Petition were not adduced with the writ petition nor were they brought to the Court's notice when the writ petition was dismissed on the ground of inordinate and unexplained delay of over a decade.

In view of the fact that the lead case i.e. WP(C) No. 8812/2007 is still pending and interim orders have been passed apropos subsequent petitions filed by the petitioner, the Court is inclined to review its order dated 08.08.2016.

Issue notice.

Mr. Shadan Farasat accepts notice for the respondent/ GNCT of Delhi. Issue notice to the unserved respondents through all modes, dasti as well, returnable on 28.07.2017.

Dasti under the signatures of the Court Master. NAJMI WAZIRI, J.

JULY 05, 2017/kk