Krishanpal v. Lok Nayak Hospital

Delhi High Court · 23 Sep 2019 · 2019:DHC:7410
Rekha Palli
W.P.(C)10290/2019
2019:DHC:7410
labor other Significant

AI Summary

The Delhi High Court remanded multiple writ petitions challenging Labour Court Awards rejecting reinstatement claims back to the Labour Court for fresh adjudication in line with an earlier decision.

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HIGH COURT OF DELHI
W.P.(C)10290/2019&CM No.42495/2019(for exemption ofTCR)
KRISHANPAL Petitioner
Through: Mr.Kumar Utkarsh,Adv.
VERSUS
LOK NAYAK HOSPITAL Respondent
Through: Mr.Gautam Narayan, ASC with Ms.Shivani Vi] & Ms. D. Shahi, Advs.
W.P.(C)10315/2019&CM No.42525/2019(for exemption ofTCR)
SH.BEIAL Petitioner
VERSUS
Ms.Shivani Vij & Ms. D. Shahi, Advs.
W.P.(C)10316/2019 CMNo.42526/2019(for exemption ofTCR)
SUMIT Petitioner Thi'ough: Mr.Kumar Utkarsh,Adv.
VERSUS
LOK NAYAKliOSPITAL Respondent Advs. 2019:DHC:7410
W.P.(C)10318/2019&CMNo.42527/2019(forexemptionofTCR)
UTTAM SINGH Petitioner
Through: Mr.Kuinar Utkarsh,Adv.
VERSUS
LOK NAYAK HOSPITAL TITR.OUGH MEDICAL SUPERINTENDENT Respondent
Advs.
W.P.(C)10291/2019 &CMNo.42496/2019(forexemption ofTCR)
SH.NITIN ^ ■ Petitioner
VERSUS
Advs.
W.P.(C)10303/2019&CM No.42512/2019(for exemption ofTCR)
NAINA ^ Petitioner
VERSUS
LOK NAYAK HOSPITAL TPIROUGLI MEDICAL Advs. IT
W.P.(C)10305/2019& CMNo.42514/2019(for exemption ofTCR)
SUDHIR KUMAR Petitioner
VERSUS
LOK NAYAK HOSPITAL TPIROUGH MEDICAL Advs.
W.P.(C)10358/2019& CM No.42757/2019(for exemption ofTCR)
SH.I-IARIDASS Petitioner
VERSUS
M/S LOK NAYAK LIOSPITAL Respondent Advs.
CORAM:
HON'BLE MS.JUSTICE REKHA PALLI
23.09.2019
ORDER

1. The present batch of writ petitions assail separate but identical Awards passed by the learned Labour Court whereunder the petitioners' claims for reinstatement were rejected on the ground that they had not been able to prove that they were employees of the respondent hospital.

2. Issue notice. Learned counsel for the respondent accepts notice.

3. Learned counsel for the parties jointly submit that the present petitions are covered by the decision of this Court dated 19.09.2019 passed in W.P.(C) No. 7412/2019, and therefore, the matter is remanded back to the Labour Court for fresh adjudication by dealing with all the issues raised by the petitioners. In these circumstances, the necessity offiling a counter affidavit does not arise.

4. Accordingly, the present petitions are disposed of in terms of ^ the decision of this Court dated 19.09.2019 passed in W.P.(C), No.7412/2019 along with the pending applications. $ REKH SEPTEMBER 23,2019 gm p V