Guru Nanak Public School & Anr v. Dhan Want Kaur Butaliya & Ors

Delhi High Court · 05 Aug 2013 · 2013:DHC:8522-DB
Badar Durrez Ahmed; Vibhu Bakhru
LPA 556/2013
2013:DHC:8522-DB
civil appeal_dismissed Significant

AI Summary

The Delhi High Court dismissed appeals by a minority school management on non-payment of wages but allowed withdrawal with liberty to file a review petition addressing financial difficulty, barring limitation defense if timely filed.

Full Text
Translation output
$-35 & 36 HIGH COURT OF DELHI
LPA 556/2013 & CM No.11895/2013 (Stay)
GURU NANAK PUBLIC SCHOOL & ANR ......Appellants
Through: Mr Pramod K. Sharma, Advocate.
VERSUS
DHAN WANT KAUR BUTALIYA & ORS .....Respondents
Through: Mr Gursharan Singh, Advocate for R- 4.
LPA 557/2013 & CM No.11896/2013 (Stay)
GURU NANAX PUNLIC SHCOOL & ANR. .....Appellants
Through: Mr Pramod K. Sharma, Advocate.
VERSUS
DAVINDER KAUSHIK & ORS. .....Respondents
Through: Mr Gursharan Singh, Advocate for R- 42.
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED, ACTING
CHIEF JUSTICE
HON'BLE MR. JUSTICE VIBHU BAKHRU
05.08.2013 The learned counsel for the appellant seeks permission to withdraw this appeal with liberty to file a review application before the learned Single
Judge, particularly, to the question of financial difficulty/inadequacy of funds. This is in view of the observations made by the Division Bench of this Court in LPA No.273/2012 titled School Management of GHPS, I-Tan
Nagar and Ors. v. Gurvinder Singh Saini & Ors. particularly in paragraph 5 and 6 thereof which read as under:-
2013:DHC:8522-DB - - "5. Suffice would it be to state that if it was the case of the appellants that inadequacy of funds is the justification for not paying the wages as demanded by the staff, with respect to the minority status of the appellants, the issue could have been looked into.
ORDER

6. This not being the case of the appellants, we see no infirmity in the view taken by the learned Single Judge." The appeal is dismissed as withdraw with the aforesaid liberty. The respondent shall not raise the plea of limitation before the learned Single Judge, if the review petition is filed by the appellant within one week from today. CAY No.665/2013 The learned counsel for the respondent/caveator has entered appearance. The caveat stands discharged.

BADAR AHMED, ACJ 4~: VIBHU BAKHRU, J AUGUST 05, 2013 MK