Appeal against a Single Judge order remanding an interim relief matter to the Industrial Tribunal due to a lack of recorded basis for the 50% wage quantification in the Tribunal's prior order.
Exemption allowed subject to appellant cooperating; Tribunal to dispose application within two months.
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$~62.
ARCHANA ..... Appellant Through: Appellant in person along with Mr.Mukesh Hooda, Advocate.
versus DELHI INTERNATIONAL AIRPORT LTD ..... Respondent Through: Mr. Anirudh Bakhru, Mr. Shadman A. Siddiqui, Mr. Abhishek Pati and Mr. Anshuman Ray, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI
O R D E R % 06.12.2019
C.M. No. 52468/2019
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
LPA 765/2019
The appellant has preferred the present appeal to assail the order dated 01.11.2019 passed by the learned Single Judge in W.P.(C.) No. 13742/2018. The learned Single Judge has set aside the order dated 16.10.2018 passed by the Industrial Tribunal in favour of the petitioner whereby interim relief was granted to the petitioner by directing the respondent to pay 50% of the last drawn wages to her from the date of filing of application to seek interim relief. The basis, on which the order of the Industrial Tribunal dated 16.10.2018 has been set aside is that though the Industrial Tribunal had extensively examined the issue of maintainability of the application for
interim relief and held in favour of the workman/ appellant, so far as the aspect of grant of interim relief is concerned, there was no discussion to be found in the order passed by it as to on what basis interim relief of 50% of last drawn wages was granted to the appellant.
The appellant, who appears in person, has read through the order dated 16.10.2018. On a reading of the same, we concur with the view taken by learned Single Judge that there is no discussion to be found in the said order passed by the Industrial Tribunal as to on what basis it has quantified the interim relief granted to the appellant.
Therefore, in our view, the limited remand made by the learned Single Judge was completely justified.
The appellant states that she would co-operate in the proceedings before the Industrial Tribunal and prays that the Tribunal may be directed to dispose of the application for interim relief without any delay. Subject to the appellant co-operating in the said proceedings, the Tribunal shall endeavour to dispose of the application for interim relief within the next two months. It shall be open to the parties to raise their respective pleas before the Industrial Tribunal on the aspect on which the remand has been made.
The appeal stands disposed of in the aforesaid terms.
Dasti.
VIPIN SANGHI, J
REKHA PALLI, J
DECEMBER 06, 2019 N.Khanna
1 issue framed by the court
Whether the Industrial Tribunal erred in setting aside an interim relief order without discussing the basis for quantifying 50% of last drawn wages.
ARCHANA
DELHI INTERNATIONAL AIRPORT LTD
VIPIN SANGHI
REKHA PALLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
