Delhi High Court
13.01.2025
Application under Section 33 (C) (1) of the Industrial
Disputes Act, 1947 cannot be rejected on the ground that the workman has not enclosed
a copy of demand notice – Delhi High Court
Directive paragraphs of the Order dated 13.01.2025,
passed by the Hon’ble Delhi High Court reads as under: -
“1. In furtherance of last order, learned counsel for
both respondents have appeared with instructions. Learned counsel for
respondent no.1 on instructions undertakes to initiate the recovery proceedings
in question within one week. It appears that the application dated 30.08.2024
of the petitioner seeking implementation of award dated 25.04.2023 passed in ID
53/2019 was rejected on the ground that the petitioner had not submitted copy
of the demand notice and proof of service thereof. Once there was a labour
court award, there was no occasion for rejection of the application on such
frivolous ground.
2. Nevertheless, in view of undertaking submitted on
behalf of respondent no.1, the petition is allowed with the directions to
respondent no.1 to initiate the recovery proceedings in terms with the said
award within one week from today. Pending applications stands disposed of.”
[Umakant Malakar Vs. Regional Labour Commissioner
& Anr., WPC No. 228/2025, Delhi High Court, decided on 13.01.2025]
https://advocateanujaggarwal.com/home.php
Anuj Aggarwal
Advocate
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