Neutral Citation Number: 2023/DHC/000556

LPA 492/2022

Page 1 of 24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 24^th JANUARY, 2023

IN THE MATTER OF:

+

LPA 492/2022 & CM APPLs. 37167/2022, 37168/2022

UNITED POLY ENGINEERING PVT LTD

..... Appellant

Through:

Ms. Anushree Malaviya, Advocate

versus

PRESIDING OFFICER LABOUR COURT & ANR ..... Respondents

Through:

Mr. Rama Shankar, Mohd Haris

Taslim, Avocates for R-2

CORAM:

HON’BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

SATISH CHANDRA SHAMAR, C.J.

1.

Aggrieved by an Order dated 04.08.2022 passed by the learned Single

Judge in CM APPL.32749/2022 of W.P.(C) 4471/2021, allowing the

application filed by Respondent No.2/workman under Section 17B of the

Industrial Disputes Act, the instant LPA has been filed.

2.

It is stated that Respondent No.2/workman was employed with the

Appellant at the post of Pressman from 21.11.2011. It is stated that the

services of the workman was terminated on 05.08.2015 by the Appellant.

3.

Challenging his termination, which according to the workman was

without serving any notice and without payment of salary, the workman

approached the Labour Commissioner. It is stated that conciliation

proceedings failed and the Deputy Labour Commissioner, Delhi exercising

his powers under Section 10 (1) (c) and 12 (5) of the Industrial Disputes Act

referred the following questions for adjudication:-

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation Number: 2023/DHC/000556

LPA 492/2022

Page 2 of 24

4.

The Labour Court passed an Award dated 15.02.2020 directing

reinstatement of the workman with full backwages along with continuity of

service with all consequential benefits except for a period of 10 months.

5.

The Award has been challenged by the Appellant by filing W.P.(C)

4471/2021. During the pendency of the writ petition, the workman filed an

application bearing CM APPL.32749/2022 under Section 17B of the

Industrial Disputes Act claiming full wages pending proceedings in the High

Court stating that he has remained unemployed from the date of termination

from the service and that he is not gainfully employed, neither is he engaged

in any vocation. An affidavit affirming the same has also been filed along

with application under Section 17B of the Industrial Disputes Act.

6.

The material on record discloses that the application under Section

17B of the Industrial Disputes Act was filed on 31.08.2021 and the said

application was opposed by the Appellant contending that the application

has been filed belatedly without there being any proper explanation for the

unreasonable delay.

7.

The learned Single Judge by the order impugned herein allowed the

application under Section 17B of the Industrial Disputes Act. The said order

has been challenged by the Appellant/management.

8.

Ms. Anushree Malviya, learned Counsel for the Appellant, contends

that the averments made by the workman in the application do not satisfy the

requirements of Section 17B of the Industrial Disputes Act. She further

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation Number: 2023/DHC/000556

LPA 492/2022

Page 3 of 24

contends that the application was filed with considerable delay and there

was no proper explanation given for the delay. It is also contended that the

management had requested and had made several offers the workman to join

the services but Respondent No.2/workman did not join.

9.

Learned Counsel for the Appellant relies on a Division Bench

judgment of this Court in Municipal Corporation of Delhi & Ors. v. Santosh

Kumari & Ors., MANU/DE/4960/2012 and drawn the attention of this

Court to Paragraph 26 of the said judgment, relevant portion of which reads

as under:-

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation