ORDER

% 28.02.2024 CM APPL. No.11361/2024 Exemption allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(C) 2787/2024 and CM APPL No. 11360/2024

1. The petitioner vide the present petition under Article 226 and 227 of the Constitution of India seeks the following reliefs:

a) Summon the record of LC No. no. 359/2021 titled SMT BIMLA & ANR Vs. North Delhi Municipal Corporation & Anr. Pending before Ld. Labour Court POLC – VIII, Rouse Avenue Courts, Delhi;

b) Quash the order dated 06.02.2024 passed by the LD. LABOUR COURT, POLC –V III, Rouse Avenue Courts, Delhi in LC NO. 359/2021 seeking personal appearance of Deputy Commissioner and Chief Law officer of Petitioner;

c) Direct the respondent no.2 to transfer the labour court of LC-08, Rouse Avenue District Court to court of competent jurisdiction in terms of orders dated 11.09.2023 passed by the Ld. LABOUR court. d) Directed the Ld. Labour Court to follow, enforce and abide by the SOP/directives issued in terms of order dated 03/01/2024 on summoning of officers of Govt officers issued by the Hon’ble Supreme Court in Civil Appeal No. 23-24/2024;

and e) To pass any other or further order/s, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

2. Learned counsel appearing on behalf of the petitioner Corporation submitted that the learned Labour Court i.e., POLC – VIII, Rouse Avenue Courts, Delhi vide its order dated 11th September, 2023 has categorically stated that the said Court has no jurisdiction with respect to the cases pertaining to Karol Bagh Zone and therefore cannot continue trial of the cases pertaining to the said Zone.

3. It is submitted that the learned Labour Court i.e., POLC – VIII, Rouse Avenue Courts, Delhi in its order dated 25th September, 2023 has taken into consideration the Office Order dated 22nd July, 2023, bearing File No.

F.1/31/1067/LC/Esst./Misc./2021/4151-4161 passed by Additional Labour Commissioner, Government of NCT of Delhi, by way of which it has been held that the said Court has jurisdiction only over the South-East Zone and matters pertaining to others Zones were to be transferred to the Courts having the territorial jurisdiction of respective district/zone. Accordingly, the learned Labour Court vide its order dated 11th September, 2023 directed that the matter be put up for transfer to the concerned court on 20th October,

2023.

4. It is submitted that vide order dated 29th November, 2023 it was observed that the Pre Lok Adalat sitting was held between the parties and additionally the parties had agreed to settle the matter in Lok Adalat on 10th December, 2023.

5. It is further submitted that vide order dated 10th December, 2023, the Lok Adalat, recorded that the matter could not be settled before in the absence of the calculation sheet and hence, the matter was fixed for further proceedings on 6th February, 2024 and the parties were directed to file the complete calculation sheet alongwith the updated service book, before the date fixed.

6. Learned counsel appearing on behalf of the petitioner Corporation whilst placing reliance on the order dated 11th September, 2023 has vehemently submitted that the said order had categorically stated that the POLC-VIII did not have any jurisdiction to try the matters relating to Karol Bagh Zone. It is further submitted that despite the aforesaid findings, the said Court has adjudicated the matter on merits and passed the impugned order dated 6th February, 2024 without taking into consideration its first order, i.e., the order dated 11th September, 2023.

7. It is also submitted that the act of the learned Labour Court of summoning senior officers of the MCD and not accepting the response from the level of executive engineer/ assistant commissioner of the petitioner Corporation without having jurisdiction is contrary to the law. Further, the learned Labour Court has failed to abide by the Standard of Procedures (“SoPs”) a