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HIGH COURT OF DELHI
Date of Decision: 28.05.2025
MS SHRI DURGA AUTOMOBILES .....Appellant
Through: Mr.Saurabh Rohilla, Mr.Naveen Shokhanda, Mr.Mohit Mehra, Advs.
Through: Nemo
HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. Allowed, subject to all just exceptions. CM APPL. 33935/2025 (Exemption)
2. This appeal has been filed by the appellant, challenging the Order dated 23.05.2025 passed by the learned Single Judge of this Court in CM APPL. No. 32063/2025 in W.P.(C) 1988/2025, titled M/s Shri Durga Automobiles v Ram Dev. The grievance of the appellant is that the Writ Petition along with the stay application should be fixed for hearing on an urgent basis, that is, on a date prior to 28.05.2025. LPA 365/2025 & CM APPL. 33934/2025
3. The learned counsel for the appellant submits that the need to challenge the Impugned Order has arisen as the proceedings seeking enforcement of the Industrial Award dated 05.06.2024 are listed today G N N N n c before the Joint Labour Commissioner.
4. We are not impressed with the submission made by the learned counsel for the appellant.
5. In the present case, the Industrial Award was passed on 05.06.2024, directing reinstatement of the respondent with continuity of service and full back-wages along with all consequential benefits. The appellant neither filed a written statement in those proceedings nor led any evidence. The appellant, thereafter, challenged the Impugned Award by way of the above Writ Petition, on or about December, 2024. When the matter was listed before the learned Single Judge on 17.02.2025, a request for adjournment was made by the appellant, and the Writ Petition was adjourned for consideration to 08.08.2025. The Court also observed as under:
6. The appellant then filed the above application, on 18.05.2025, seeking preponement of the date of hearing. No steps were taken between February 2025 till the date of filing the application, for seeking preponement of the hearing. The learned Single Judge has, in fact, still granted an indulgence to the appellant and preponed the date of hearing by way of the Impugned Order to 10.07.2025.
7. We do not see any reason to grant further indulgence to the G N N N n c appellant, who itself has been sleeping over on its own remedy and has not taken the appropriate steps in time.
8. Accordingly, we do not find any merit in the present appeal. The same is, accordingly, dismissed. The pending application is also disposed of, being infructuous.
NAVIN CHAWLA, J RENU BHATNAGAR, J MAY 28, 2025/Arya/DG Click here to check corrigendum, if any