Full Judgment Text
$~104
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17.09.2024
+ W.P.(C) 7965/2024 & CM APPL. 32801/2024
M/S TREND SETTERS BOOKS LTD. .....Petitioner
Through: Mr. Gurbaksh Singh, Adv. with Mr.
Arjun Dhamija, Adv.
versus
PRAMOD KUMAR SHARMA .....Respondent
Through: Mr. Rajesh Kumar Singh, Adv.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.: (Oral)
1. Notice in this Petition was issued by this Court on 29.05.2024.
2. The grievance of the Petitioner as set out in the present Petition is that
he was denied the opportunity of cross-examination of the
Respondent/Workman in terms of Impugned Order dated 08.04.2024 passed
by the learned Labour Court.
3. Learned Counsel for the Petitioner submits that, at present, the
proceedings in LIR 2320/19 captioned Pramod Kumar Sharma v. M/s
Trend Setters Books Ltd. are still going on before the learned Labour Court.
4. Learned Counsel for the Petitioner submits that the original
documents which he wanted to confront the Respondent/Workman with,
were lying in his office which had been sealed by the Punjab National Bank.
Now, after filing an appropriate Application, the original documents have
been obtained by him and, thus, he is in a position to confront the
Respondent/Workman with these documents.
Signature Not Verified
Digitally Signed
By:SHEHROZ ALAM
Signing Date:21.09.2024
05:30:03
5. Learned Counsel for the Petitioner submits that as is stated in his
Petition, he only requests one opportunity to cross-examine the
Respondent/Workman before the learned Labour Court. He further submits
that no adjournment shall be taken by him in the pending proceedings before
the learned Labour Court.
6. Learned Counsel for the Respondent/Workman submits that he has no
objection to the same provided that the cross-examination happens on one
date and no further adjournment is taken by the Petitioner.
6.1 Learned Counsel for the Petitioner, on instructions, agrees with the
same.
7. Accordingly and with the consent of parties, the order dated
08.04.2024 passed by the learned Labour Court is set aside. The Petitioner is
given an opportunity to cross-examine the Respondent/Workman on the next
date of hearing. No unnecessary adjournment shall be taken by the
Petitioner.
8. All rights and contentions of both the parties are left open in this
regard.
9. The litigation expenses in the sum of Rs. 10,000/- shall be paid to the
Respondent/Workman on the next date of hearing before the learned Labour
Court.
10. The Petition and all pending Applications stand disposed of.
11. Parties will act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J
SEPTEMBER 17, 2024/SA
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Signature Not Verified
Digitally Signed
By:SHEHROZ ALAM
Signing Date:21.09.2024
05:30:03