DELHI HIGH COURT
DINESH KUMAR SHARMA
NNS Online Pvt Ltd. – Appellant
Versus
Govt. of NCT Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to order on employer-employee relationship (Para 1 , 2) |
| 2. arguments on employment status and jurisdiction (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's review standards for labour court orders (Para 16 , 17) |
| 4. open question on workman status under law (Para 18) |
| 5. final decision on the writ petition (Para 19) |
JUDGMENT
Dinesh Kumar Sharma, J. The present writ petition has been filed challenging the order dated 25.03.2022 passed by Learned Presiding Officer, Labour Court, Rouse Avenue, New Delhi, vide which the Learned Labour Court partly allowed the application of the Respondent workman (claimant therein) under order XII Rule 6, CPC, in the petition bearing LIR No. 1260/19, under Section 17 (2) of the Working Journalist and Other Newspaper Employees (Conditions of Service) and Misc. Provisions Act, 1955, (W.J. Act) filed on behalf of the workman, seeking issuance of Recovery Certificate against statutory dues and inter alia held that there is no requirement of leading any evidence regarding the relationship of employer and the employee.
2. Following two issues were framed to be adjudicated and determined:
(i) Whether employee - emp
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