Delhi High Court High Court

Management Of Sunder Lal Jain … vs Govt. Of N.C.T.Of Delhi & Ors on 5 April, 2011

Delhi High Court
Management Of Sunder Lal Jain … vs Govt. Of N.C.T.Of Delhi & Ors on 5 April, 2011
Author: Rekha Sharma
                                                    UNREPORTABLE


*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                           WP (C) No.7989/2007

                                       Date of Decision: April 05, 2011

      MANAGEMENT OF SUNDER LAL JAIN HOSPITAL ..... Petitioner
                   through Mr. A K Singhla, Sr. Advocate
                   with Mr. J K Sharma, Advocate

                      versus

      GOVT. OF N.C.T.OF DELHI & ORS                  ..... Respondents
                      through None

      CORAM:
      HON'BLE MISS JUSTICE REKHA SHARMA

1.    Whether the reporters of local papers may be allowed to see
      the judgment? No
2.    To be referred to the reporter or not? No
3.    Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

The subject matter of the present writ-petition is an order

dated May 22, 2007 passed by the Assistant Labour Commissioner,

North & North-West District, declaring respondent No.4 a ‘protected

workman’ under the provisions of Section 33(4) of the Industrial

Disputes Act, 1947 and under Rule 61 (4) of the Industrial Dispute

(Central) Rule, 1957 for the year 1999-2000.

Much prior to the passing of the aforesaid order, respondent

No.4 was dismissed from service on April 16, 1999. The dismissal

WP (C) No.7989/2007 Page 1
order passed against him was set-aside by the Labour Court but in

lieu of reinstatement, he was granted compensation of ` 3 lacs.

Feeling aggrieved by the order of the Labour Court in not granting

him the relief of reinstatement, he filed a writ-petition in this Court

which was dismissed by a learned Single Judge vide order dated

March 30, 2009. Not satisfied, the workman filed a Letters Patent

Appeal before the Division Bench but that too was dismissed.

Having regard to the fact that after the passing of the order

declaring respondent No.4 a ‘protected workman’, no order of

reinstatement was passed in his favour and he was only held

entitled to a sum of ` 3 lacs, I am of the view that the present

writ-petition has been virtually rendered infructuous. Accordingly, it

is dismissed as such.

It is submitted that the petitioner has also alleged that

respondent No.3, namely, Sunder Lal Jain Hospital Karamchari Union

has no connection with the petitioner. Since the main relief sought

in the writ petition is with regard to the order dated May 22, 2007,

I am passing no order on whether the aforesaid Union has any

connection with the petitioner.

For the fore-going reasons, the writ-petition is dismissed.

REKHA SHARMA, J.

APRIL 05, 2011
PC




WP (C) No.7989/2007                                                 Page 2