CHANDER BAHADUR vs BISHAMBER SAHAI AND SONS AND ORS

Judgment text excerpt

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10.02.2025 + W.P.(C) 1618/2025 & CM APPL. 7901/2025 CHANDER BAHADUR .....Petitioner Through: Ms. Latika Choudhury, Advocate versus BISHAMBER SAHAI AND SONS AND ORS .....Respondents Through: None. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The petitioner workman has assailed order dated 26.10.2024 passed by the Labour Court, Rouse Avenue Court Complex, Delhi whereby an application under Section 11 of the Industrial Disputes Act read with Section 151 CPC to set aside the order dated 11.03.2019 was dismissed. I have heard learned counsel for petitioner, but failed to convince myself to even issue notice to the other side. 2. It appears that initially the petitioner workman filed a Statement of Claim under Section 2A of the Industrial Disputes Act in which the respondent management had entered appearance and filed an application under Section 10 read with Section 151 CPC on the ground that another W.P.(C) 1618/2025 Page 1 of 3 pages Digitally signed by GIRISH KATHPALIA GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, ou=DELHI HIGH COURT, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f97626cacca, postalCode=110003, st=DELHI, serialNumber=D3E86796451EC45C07B5D15570996B40F80CBD2EEE60402C487965FF801E 26FA, cn=GIRISH KATHPALIA Date: 2025.02.10 17:39:31 -08'00' Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Date:10.02.2025 18:53:34 claim of the present petitioner was already pending before the Labour Commissioner under the Employees Compensation Act. At that stage, the authorized representative of the petitioner workman sought permission to withdraw the Statement of Claim and vide order dated 11.03.2019, the claim petition was dismissed as withdrawn. Thereafter, on