Full Text
HIGH COURT OF DELHI
W.P.(C) 13701/2022, CM APPL. 41810/2022
AMIOWN SCHOOLS PVT. LTD. ..... Petitioner
Through: Mr.Sandeep Prabhakar, Mr.Amit Kumar, Mr.Rajan Chawla and
Mr.Vikas Mehta, Advocates
Through: Mr.Sameer Vashisht, ASC (Civil), GNCTD for respondents no.1 & 2.
Mr.Sumit Kumar, Advocate for respondent no.3.
Date of Decision: 22.11.2022
JUDGMENT
1. Present writ petition has been filed by the petitioner aggrieved of the order dated 12.08.2022 whereby the order regarding transfer of LIR No.1369/2021 titled as Vikram vs. Amiown School & Ors and ID No.1054/2016 titled as Workmen vs. Amiown School to POLC-1 were kept in abeyance.
2. In the backdrop, these matters were pending before the learned Industrial Tribunal-1 and the petitioner had moved an application for transfer of these cases. The Deputy Labour Commissioner in view of the fact that there was no presiding officer in Industrial Tribunal-2, Signing Neutral Citation Number 2022/DHC/005096 W.P.(C) 13701/2022 initially transferred the matter to POLC-1. However, later on in view of the contentions raised by the parties regarding Section 10 (i) (d) and Section 33B of the Industrial Dispute Act, 1947, the order regarding transfer of the matters to POLC-1 were kept in abeyance.
3. Now, both the parties submit that the Presiding Officer, Industrial Tribunal-2 has joined. Therefore, in order to put the quietus to the present controversy, LIR No.1369/2021 titled as Vikram vs. Amiown School & Ors and ID No.1054/2016 titled as Workmen vs. Amiown School are withdrawn from the court of Industrial Tribunal-1 and assigned to court of Industrial Tribunal No.2 to be tried in accordance with law.
4. The transferee court is directed to send the entire record to the Industrial Tribunal-2.
5. Parties are directed to appear before the Industrial Tribunal-2 on 02.12.2022.
6. With the above observations, the writ petition stands disposed of.
7. Copy of the order be given dasti under signatures of the court master.
DINESH KUMAR SHARMA, J NOVEMBER 22, 2022 Signing