8ba0fe072800c77a9f7b4e330a8bb90c4b0e52dfae71a031a49389305177dfc8

Delhi High Court · 13 Oct 2009 · 2009:DHC:7326
S. N. Aggarwal
W.P.(C.) Nos. 6591/2008, 6592/2008, 6633/2008, 6634/2008 & 6635/2008
2009:DHC:7326
labor appeal_allowed Procedural

AI Summary

The court disposed of five writ petitions by consent, setting aside impugned awards and remanding the cases for fresh adjudication allowing limited additional evidence and continuation of interim payments under Section 17-B.

Full Text
Translation output
♦ i
% 13.10.2009
Present:- Mr. B.K. Singh for the petitioner.
Mr. Rajbir Singh Gulia for respondent No. 1.
VM
-t- W.P.CC.) Nos. 6591/2008. 6592/2008. 6633/2008.
6634/2008 & 6635/2008
*
Counsel for both the parties have agreed for passing of a consent order in all these five writ petitions. Therefore, these writ petitions are proposed to be disposed of by a consent order in the following terms:-
The impugned awards all dated 21.07.2008 in all these five cases are hereby set aside. The cases are remanded back to the court below for fresh decision after giving an opportunity to the petitioner management to examine one more witness in each of these five cases. Mr. B.K. Singh learned counsel appearing on behalf of the petitioner management has undertaken that the petitioner management will not examine more than one witness in any of these five cases to prove its defence to the claim of the workmen.
He has further assured that the witness intended to be examined by the petitioner management in its additional evidence will be produced by the management at its own responsibility on such date as may be fixed by the court below.The.counsel for the parties have assured that they will not ask for any adjournment before the court below. Learned counsel appearing on behalf of the petliioner management says that payment under Section 17-B already ordered
W.P.(C.) Nos.6591/2008,6592/2008,6633/2008,6634/2008& 6635/2008 Page 1 of2
2009:DHC:7326
.vide order of this Court dated 24.07.2009 shall be continued to be
'/ madetothe workmen tillthetimethe reference isdecided afresh by
/ the court below.The parties are directed to appear before the court
^ below Ldirections at02:00 PM on 26.10.2009.The court below Is" directed to decide the reference afresh as expedltiously as possible butnotlaterthan three monthsto bereckonedfrom 26.10.2009.
All these writ petitions stand disposed of in terms referred above.
A copy ofthis order be keptin thefiles of all the writ petitions
^ which'havebeendisposedofbythiscommonorder.
A copy of this order be also sent to the court below for compliance.-
Order dasti underthe signatures ofthe Court Master.
S.N.AGGARWALJ
OCTOBER 13,2009
'a'
W.P.(C.) Nos
.659I/200a,6592/2008,6635/2008,6654/2008S6655/2008 P.9«I
V
2009:DHC:7326
JUDGMENT