W.P.(C)--8859/2018. Case: SH. NAVEEN KUMAR Vs. M/S SIR GANGA RAM CITY HOSPITAL AND ANR.. High Court of Delhi (India)
Case Number | W.P.(C)--8859/2018 |
Citation | NA |
Judgement Date | October 14, 2019 |
Court | High Court of Delhi (India) |
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision :- 14
+ W.P.(C) 8859/2018
SH. NAVEEN KUMAR ..... Petitioner
Through: Mr. Sudhir Sharma, Adv.
versus
M/S SIR GANGA RAM CITY HOSPITAL AND ANR.
.. Respondents Through: Mr.Harvinder Singh with
Khurana & Ms.Nidhi Sanotra,
for R-1.
Mr.Pankaj Yadav & Mr.Priyaranjan Dubey, Advs. for R-2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
-
The present writ petition filed by the workman assails parte award dated 10.04.2018 passed by the learned Labour XVII, Dwarka Courts, New Delhi in LIR No.740/18. Under impugned award the learned Labour Court had, after coming conclusion that the petitioner’s services had been terminated months before the scheduled date, directed the respondent no.1 to pay a lump sum compensation of Rs.35,000/- to the petitioner.
-
Learned counsel for the petitioner submits that the petitioner
aggrieved by the award as the Labour Court despite holding termination to be illegal, has without any basis declined to grant reinstatement. He therefore prays that the matter be remanded back to the Labour Court for fresh adjudication. At this stage, learned counsel for the respondent no.1 points out that since the impugned award passed ex-parte, the said respondent has already moved an application seeking recall of the order dated 05.04.2018 whereby it proceeded against ex-parte as also of the consequential impugned parte award dated 10.04.2018. He submits that the said application pending consideration before the learned Labour Court and is listed on 24.10.2019, in which proceedings, the petitioner’s authorised representative has already made a statement that he will not the respondent’s application for restoration as the petitioner is seeking setting aside of the impugned award by way of...
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