High Court of DelhiW.P.(C)/5687/2017

Mangat Ram v. Deputy Labour Commissioner (North) And ORS

2017-09-05Hon'Ble Ms. Justice Anu Malhotra2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5687/2017 MANGAT RAM ..... Petitioner Through:

Mr.Ashutosh Dixit, Advocate versus DEPUTY LABOUR COMMISSIONER (NORTH) AND ORS ..... Respondents Through:

Ms.Deepa Maan, Inspecting Officer (North) Mr.Nikhil Goel, Adv for SDMC Ms.Biji Rajesh, Adv for R-2 Mr.Kumar Rajesh Singh, Standing counsel for EDMC

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 05.09.2017 Vide the prayer made in the petition the petitioner seeks that the respondent no.1, i.e., the Deputy Labour Commissioner (North) be directed to issue the recovery certificate in terms of the application dated May 2014 as filed by the petitioner under 33(C)(1) of the Industrial Disputes Act, 1947 and accordingly decide the said application as filed under Section 33(C)(1) in a time bound manner. Apparently no relief is sought against the respondents No.2, 3 and 4.

Ms.Deepa Maan, Inspecting Officer, Office of the Deputy Labour Commissioner (North) is present, at this stage, and submits that in the memorandum of parties though the respondent No.1

arrayed on the record is Deputy Labour Commissioner (North) of the Government of NCT of Delhi, the address mentioned in the memorandum of parties itself qua respondent No.1 is of the Employment Exchange Building, Pusa Road, which she submits that the same falls within the domain of the Central District. Further more, placed on record as Annexure P-8, is an application under Section 33(C)(I) of the Industrial Disputes Act, 19047 which is the application stated to have not been disposed of by the Deputy Labour Commissioner (North) till date, in relation to which also it is submitted on behalf of respondent No.1 that though the Annexure P-8 says that it is an application under Section 33(C)(I) before the Deputy Labour Commissioner (North), the address mentioned therein is of Pushp Vihar, New Delhi, which falls within the domain of the South district.

Apparently, thus, the petition in its present stage would only cause vexation to all sides. Learned counsel for the petitioner seeks to withdraw the petition with liberty to file an appropriate petition with appropriate address of the Deputy Labour Commissioner sought to be impleaded.

In view thereof, the petition is dismissed as withdrawn with liberty granted, as prayed for.

ANU MALHOTRA, J SEPTEMBER 05, 2017/sv