Samunder Singh v. Delhi Pollution Control Committee
Case brief
What is this about?
The High Court Delhi held that an appeal challenging an order applying a Section 17 B Industrial Disputes Act application for the same day as a writ disposal is not maintainable. However, granting liberty in view of the grievance, the Court directed the appellant to move appropriate application before the Single Judge for prior consideration.
What did the court decide?
Liberty granted to move an application to the Single Judge for prior consideration of the Section 17 B application before writ disposal.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- LPA 71/2024 SAMUNDER SINGH ..... Appellant Through: Mr.Rajiv Agarwal & Ms.Meghna De, Advs.
versus
DELHI POLLUTION CONTROL COMMITTEE ..... Respondent Through:
CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR O R D E R % 29.01.2024
CM APPL. 4977/2024
- Exemption allowed, subject to all just exceptions.
- The application stands disposed of.
LPA 71/2024 & CM APPL. 4976/2024 (interim relief)
- The present appeal under Clause X of the Letters Patent seeks to assail the order dated 05.01.2024 passed by the learned Single Judge in W.P.(C)12059/2023, insofar as the learned Single Judge while fixing the writ petition for disposal on 07.02.2024 has adjourned the application preferred by the appellant under Section 17B of the Industrial Disputes Act, 1947 (the Act) for the same date.
Issues for consideration
3 issues framed by the court
Whether an appeal maintaining a writ petition challenging a single judge order that adjourned a Section 17 B application under the Industrial Disputes Act is maintainable.
Whether the appellant is granted liberty to move an application to the Single Judge for prior consideration of the Section 17 B application before disposal of the writ petition.
Whether the legal position requires workman applications under Section 17 B to be decided before disposing off a filed writ petition.
Parties & counsel
- appellant
Samunder Singh
- respondent
Delhi Pollution Control Committee
Coram
Rekha Palli
Case details
As recorded by the court registry
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