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2014 Supreme(Del) 2203

SURESH KAIT
Chand – Appellant
Versus
State of Nct of Delhi – Respondent


Advocates appeared:
For the Petitioners:Rajiv Aggarwal & Sachin Kumar, Advocates.
For the Respondent:R1 & R2, None. R3, Saroj Bidawat, Advocate.

Judgment :

Suresh Kait, J. (Oral):

1. Vide the instant petition, the petitioners seek direction to set aside impugned order dated 14.09.2012 by directing the respondent no.2 to perform its statutory functions under section 33 (C) (1) of the Industrial Disputes Act, 1947 and thereby execute the award dated 31.07.2006 passed by the Industrial Tribunal-III, Karkardooma Courts, Delhi, in I.D. No. 114/2002.

2. Mr. Rajiv Aggarwal, learned counsel appearing on behalf of the petitioners argued that the present petition for around 30 minutes, despite, none preferred to appear in this matter on behalf of the respondents 1 & 2, however, this Court decided to proceed with even in their absence.

3. Mr. Aggarwal submits that the learned Labour Court passed the award in favour of the petitioners on 31.07.2006. Thereafter, the petitioner approached the Labour Department under section 33(C)(1) of the Industrial Disputes Act, 1947 for execution of the award. However, the same has been denied by respondent no.2 vide communication dated 14.09.2012 as under:-

“with reference to implementation of award of Labour Court/Industrial Tribunal, your attention is drawn to your application dated nil received
























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