Petitioner sought enforcement of a labour award dated 31.08.2018 by writ petition under Article 226, despite having already filed an execution petition seeking the same relief before the Execution Court. The Court held this was a misuse of writ jurisdiction and dismissed the petition along with pending applications.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Through: Mr. Pritpal Singh Chawla and Mr. Gaurav Kumar Advocates
versus
DEPUTY LABOUR COMMISSIONER (SOUTH) & ORS.
..... Respondents
Through: Mr. Manish Mohan Choudhary and Mr. Prasoon Shekhar, Advocates for R-5
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
of the Constitution of India seeking following reliefs:
“In view of the above facts & circumstances, it is most humbly prayed that the Hon'ble Court may kindly be pleased to issue appropriate writ of mandamus or any other writ, order, direction or command, directing the respondent no. 1 to 3 to enforce the Award dated 31.08.2018 in favour of the petitioner and against the respondent no. 4 & 5.
Any other further order(s) be passed or reliefs be granted in favour of the petitioner as the Hon'ble Court may deem fit & proper.”
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 20/05/2024 at 11:48:12
CHANDRA DHARI SINGH, J
MAY 6, 2024 SV/DB Click here to check corrigendum, if any
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 20/05/2024 at 11:48:12
1 issue framed by the court
Whether a writ petition under Article 226 could be used to enforce an award when an execution petition for the same award was already pending before the Execution Court.
1 provisions across 1 enactments
Rajaram Parjapati
Deputy Labour Commissioner (South)
Chandra Dhari Singh
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
