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High Court of DelhiW.P.(C)/6867/2016

North Delhi Municipal Corporation v. B.K. Prasad

2024-08-06Hon'Ble Ms. Justice Prathiba M. Singh2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6867/2016 NORTH DELHI MUNICIPAL CORPORATION .....Petitioner Through:

Mr. Arun Birbal, Adv.

versus B.K. PRASAD .....Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 06.08.2024 1.

The report of the Registry shows that Respondent has been served on 17.08.2023. None appears for the Respondent today despite service. 2.

Learned Counsel for the Petitioner submits that the grievance in the matter is limited. He submits that the Respondent/Workman has claimed dues on the basis of his working at the Nigam Bodh Ghat, Delhi. However, it is contended by the learned Counsel for the Petitioner that the Workman was never deployed by the Petitioner at the relevant time at the said place. 3.

Learned Counsel for the Petitioner further submits that the Award dated 16.11.2015 passed by the learned Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court No.1, Karkardooma Court Complex, Delhi, was passed ex-parte and thus, the Petitioner was unable to bring these documents on record. He seeks to rely upon the documents which are annexed along with the Petition. He fairly concedes that these documents were not placed before the learned Labour Court. 4.

It is settled law that this Court cannot examine the disputed questions of fact in proceedings under Article 226 and 227 of the Constitution of India, 1950.

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 13/08/2024 at 12:12:32

5.

Accordingly, the Impugned Award is set aside and this Court remands the matter back to the Central Government Industrial Tribunal-cum-Labour Court No.1, Karkardooma Court Complex, Delhi for a de novo hearing. 6.

All rights and contentions of the parties are left open to be agitated before the learned Labour Court.

7.

The Petition is accordingly disposed of.

8.

TARA VITASTA GANJU, J AUGUST 6, 2024/r 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 13/08/2024 at 12:12:32