Petitioner challenged ex-parte orders passed under Delhi Shops & Establishment Act, 1954, alleging no notice was served. Court found notices were issued and served multiple times before exparte proceedings. Petitioner failed to appear. Dismissed writ petition.
Writ petition along with pending application is dismissed.
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$~10
Through: Mr. Manipal Singh, Advocate
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mr. Abhinav Singh, Mr. Bhavi Garg, Ms. Kriti Kapoor, Advocates for R-1 Mr. Naveen Mann, Inspecting Officer, Distt. West, Labour Deptt, GNCTD
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN O R D E R % 20.02.2024
This is a digitally signed order.
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section (2) of Section 21 of Delhi Shops & Establishment Act, 1954. The notices were issued to the petitioner and the petitioner was proceeded exparte vide order 21.04.2014 passed by the authority as none has appeared on behalf of the petitioner despite service. Thereafter, the authority under Delhi Shops & Establishment Act, 1954, vide impugned order dated 05.12.2014 decided the claim application of the private respondents.
2. Notice was sent to the respondent through L.I. on 20.1.14 with the direction to appear before this Authority on 27.2.14. On this date none appeared on behalf of the respondent L.I. on refusal of receipt of summon, pasted the same on main gate of establishment as per his report dtd. 20.2.14. Another notice was sent to the respondent on 27.2.14 for 14.4.14 but being holiday declared on this day, the case adjourned for 21.4.14 for which notice was sent. The respondent did not appear again on 21.4.14. Under these circumstances no option was left with this Authority but to proceed Ex-parte against the respondent and hence respondent as proceeded ex-parte on dated 21.4.14.
This is a digitally signed order. 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 26/02/2024 at 15:27:32
proceeded ex-parte. There is nothing bad in the order dated 05.12.2014 which called interference from this court, hence present petition along with pending application is dismissed.
DR. SUDHIR KUMAR JAIN, J
FEBRUARY 20, 2024 J / AK
This is a digitally signed order.
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 26/02/2024 at 15:27:32
3 issues framed by the court
Whether the ex-parte order passed under Delhi Shops & Establishment Act, 1954, was valid given the service of notices to the petitioner.
Whether the petitioner's non-appearance despite service of notice justified the authority to proceed ex-parte.
Whether the writ petition challenging the exparte orders should be allowed or dismissed.
2 provisions across 2 enactments
RAM KARAN
GOVT OF NCT OF DELHI
SUDHIR KUMAR JAIN
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
