Allowed¶14

Umakant Malakar v. Regional Labour Commissioner & Anr.

Delhi HC13 Jan 2025W.P.(C)/228/2025

Case brief

AI extract

What is this about?

Delhi High Court; Umakant Malakar v. Regional Labour Commissioner & Anr.; W.P.(C) 228/2025; implementation/enforcement of labour court award dated 25.04.2023 in ID 53/2019; recovery proceedings; rejection for want of demand notice copy and proof of service held frivolous; RLC undertaking to initiate recovery within one week; writ allowed 13.01.2025.

What did the court decide?

Direction to respondent no.1 to initiate the recovery proceedings in terms of the award dated 25.04.2023 passed in ID 53/2019 within one week; pending applications disposed of. ¶14

Umakant Malakar Vs Regional Labour Commissioner & Anr. — Delhi HC (2025) — LawSathi Research

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$~69

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 228/2025

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UMAKANT MALAKAR .....Petitioner

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Through: Mr. Anuj Aggarwal and Mr. Pradeep Kumar, Advocates

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versus

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REGIONAL LABOUR COMMISSIONER & ANR. .....Respondents Through: Mr. Brijesh Yadav, SC with Mr. P.C. Pathak, Advocate for R1 Mr. Nirvikar Verma and Mr. Varun Arora, Advocates for R2

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CORAM:

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HON'BLE MR. JUSTICE GIRISH KATHPALIA

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O R D E R

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% 13.01.2025

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[Physical Hearing/Hybrid Hearing (as per request)]

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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.

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Nevertheless, in view of undertaking submitted on behalf of respondent no.1, the petition is allowed with the directions to respondent

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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 24/01/2025 at 12:58:57

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no.1 to initiate the recovery proceedings in terms with the said award within one week from today. Pending applications stands disposed of.

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GIRISH KATHPALIA, J

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JANUARY 13, 2025/ rk

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 24/01/2025 at 12:58:57

Umakant Malakar v. Regional Labour Commissioner & Anr.

Case brief

What is this about?

What did the court decide?

Umakant Malakar v. Regional Labour Commissioner & Anr.

Case brief

What is this about?

What did the court decide?

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What the court decided

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