BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
W.P. (C) 9247/2020
IN THE MATTER OF
M/s Unique Fashion … Petitioners
Versus
Sanjeev Kumar Singh … Respondents
INDEX
S.NO. PARTICULARS PAGE NO.
1. Written Submission on Behalf of Petitioner
ie M/S Unique Fashion
THROUGH
SAKSHI
ADVOCATE FOR THE PETITIONER
407, Lawyers Chambers,
Delhi High Court, New Delhi
Email: [email protected]
Dated:09.10.2024
New Delhi - 110003
BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
W.P. (C) 9247/2020
IN THE MATTER OF
M/s Unique Fashion … Petitioners
Versus
Sanjeev Kumar Singh … Respondents
WRITTEN SUBMISSION ON BEHALF OF PETITIONER I.E. M/S
UNIQUE FASHION
MOST RESPECTFULLY SHOWETH
1. That the Petitioner, M/s. Unique Fashion, is a registered partnership firm
duly registered with Registrar of Firms, Delhi under Indian Partnership
Act, 1932 bearing Registration No. 2308 of 2009 and is having its
registered office at S-169, Greater Kailash – 2, New Delhi-110048. That
the Petitioner firm through both its Partners namely (i) Shri Sandeep
Sethi, and (ii) Shri Sanjay Arora is constrained to invoked the Extra
Ordinary Writ Jurisdiction of this Hon’ble Court under Article 226 and
227 of the Constitution of India seeking issuance of appropriate
writ/order/direction for setting aside the Ex-parte Award dated
30.07.2019(hereinafter refered as impugned order) passed by the Ld.
Labour Court, Rouse Avenue, New Delhi in Industrial Dispute No. LIR-
9655/2016 in the case titled as “Sanjeev Kumar Singh vs. Management
of Unique Fashion”.
(True Copy of impugned order dated 30.07.2019 passed by the Ld.
Labour Court annexed herewith as Annexure-P-1 @ Pg No. 26-30 of
Paperbook)
BRIEF FACTS OF THE CASE:
2. That the Respondent has committed perjury before the Ld. Labour Court
by stating wrong facts that he has been working with the petitioner since
20.09.2010. However, it is humbly submitted that the petitioner
appointed the respondent herein as tailor in production department on
01.07.2014 with a monthly pay of Rs. 8,500/- with all other benefits as
prescribed under labour laws.(True Copy of appointment letter/forms of
the respondent issued by the petitioner dated 01.07.2014 is annexed
herewith as Annexure-P-2 @ Pg No. 38-62 of Paperbook)
3. That on 24.05.2016, the respondent herein sought leave on personal
ground from 25.05.2016 to 15.06.2016. the said leave was approved by
the petitioner on 24.05.2016. However, as per demand notice dated
28.06.2016 the responded got terminated as per the decision of
management of the Firm. Consequently, the respondent with malafide
intention demanded for payment of outstanding dues of his salary from
01.05.2016 to 24.05.2016, along with reinstatement and consequential
benefits. (True Copy of said demand notice dated 28.06.2016 is annexed
herewith as Annexure-P-3 @ Pg No. 65-67 of Paperbook)
4. That the Respondent herein with ill intention and with greed to exract
money filed a Complaint on 29.06.2016 through All India General
Mazdoor Trade Union before the Assistant Labour
Commission(Conciliation Officer), praying for reinstatement of his
services with full back wages and all other allowances etc. Further, as on
05.07.2016 notice was issued by Concilliation officer to the petitioner
firm for appearance and settlement of dispute. That as per direction of
the Labour Department, the representation on behalf of petitioner was
been done on 25.07.2016. Subsequently, the petitioner with intention to
settle the dispute put forth an offer to pay/clear the outstanding dues.
However, no confirmation has been communicated to the petitioner on
behalf of respondent herein and nor from the Conciliation Officer about
transfer of the dispute to the Ld. Labour Court. (True Copy of notice
dated 05.07.2016 issued by Conciliation Officer is annexed herewith as
Annexure-P-3 @ Pg No. 68-70 of Paperbook)
5. That accordingly, the Ld Labour Court registered the said dispute as
Industrial Dispute No. LIR-9655/2016 titled as “Sanjeev kr. Singh vs.
M/s Unique Fashion”. However, as per order dated 25.09.2016 and
02.08.2018 of the Ld. Labour Court, the petitioner herein did not
received the notice. Further, The Ld. Court as on 15.11.2018 observed
that the petitioner is served through affixation. Moreover, as on
20.02.2019 the process server erred in holding that the petitioner is
served through affixation however, the true fact is that any notice was
never been served to the petitioner through any means. (The True Copy
of said order dated 25.09.2017 is annexed herewith as Annexure-P-5 @
Pg No. 111 of Paperbook)(The True Copy of said order dated
02.08.2018 is annexed herewith as Annexure-P-6 @ Pg No. 112 of
Paperbook)(The True Copy of said order dated 15.11.2018 is annexed
herewith as Annexure-P-7 @ Pg No. 113 of Paperbook)
6. That on 06.06.2019 the Ld. Court proceeded ex-parte and tendered the
evidence of Respondent as WW-1. Further, against the principle of
natural justice an ex-parte impugned order dated 30.07.2019 was passed
by the Ld.Court directing the petitioner herein to reinstate the respondent
back with full wage w.e.f. 25.05.2016.
7. That respondent for the execution of the said ex-parte impugned order
dated 30.07.2019 filed an application on 08.01.2020 before the Labour
Officer, Labour Department, Govt of NCT of Delhi for recovery of dues.
Further, the Labour officer took cognizance and issued letter dated
14.02.2020 to the petitioner. That vide said letter dated 14.02.2020, the
petitioner for the first time came to know about the proceedings held in
the Labour Court.
8. That vide said letter dated 14.02.2020, it was further directed that in
compliance of the said award dated 30.07.2019 passed by the Ld. Labour
Court if the petitioner fails to implement the said award, a Recovery
Certificate under section 33 C(1) of Industrial Dispute Act, 1947 will be
issued to District Collection Officer to recover the amount of Rs.
5,73,934/- as arrers of land revenue. (The True Copy of said letter dated
14.02.2020 is annexed herewith as Annexure-P-8 @ Pg No. 114-116 of
Paperbook)
9. That thereafter, the Dy. Labour Commissioner vide letter bearing no.
F.23/(376)LO/SD/IMP/2020/7995 dated 10.08.2020 addressed to the
petitioner about recovery of Rs. 5,73,934/- (as per respondent) as arrear
of land revenue. Subsequently, the respondent through All India General
Mazdoor Trade Union (Regd.) also served upon the Petitioner a letter
bearing No. 530/2020 dated 17.08.2020 for (i) payment of Rs. 5,73,934/-
to the respondent, (ii) payment of monthly salary of Rs. 17,991. (The
True Copy of said letter dated 10.08.2020 is annexed herewith as
Annexure-P-9 @ Pg No. 117-119 of Paperbook)
(The True Copy of said letter dated 17.08.2020 is annexed herewith as
Annexure-P-10 @ Pg No. 120-123 of Paperbook)
10.That it is pertinent to mention here that the entire proceedings before the
Ld. Labour Court was conducted ex-parte and the said ex-parte
impugned order was against the petitioner without getting a chance of
representation. The petitioner per se was denied with the opportunity of
being heard and therefore, the exparte impugned order is against the law
of natural justice and caused grave prejudice to the petitioner.
11.That the Ld. Labour Court failed to appreciate that the present case is of
voluntary abandoning from the service and the case of respondent is
based on false plea. Moreover, the respondent has an ulterior motive to
extract money from the petitioner as the same is implied from the said
demand notice dated 28.06.2016 which is based on false and fabricated
grounds.
12.That it is submitted that there is no corroborative evidence for
determining and calculating the said claim amount of Rs. 5,73,934/-
allegedly claimed by the respondent. That the respondent despite of
knowing the residential address of the partner of the petitioner concealed
it from the Ld. Court and with ill motive misguided the Court.
13.That the Ld. Labour Court erred in not considering that if the service of
summon through affixation was carried in already left/sold premises of
the petitioner, then it’s a duty of respondent to exhaust all means for
service of summon and the Ld. Labour Court ought to have directed for
service upon the petitioner through advertisement or notice in daily
newspaper.
In the light of above, it is most humbly prayed that to set aside the impugned
order dated 30.07.2019 passed by the Ld. Labour Court.
THROUGH
SAKSHI
ADVOCATE FOR THE PETITIONER
407, Lawyers Chambers,
Delhi High Court, New Delhi
Email: [email protected]
Dated:09.10.2024
New Delhi - 110003
