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2007 DIGILAW 1585 (DEL)

APEEJAY SURRENDRA PARK HOTELS LTD v. SECRETARY, MINISTRY OF LABOUR

2007-08-08

HIMA KOHLI

body2007
HIMA KOHLI, J, J. ( 1 ) PLEADINGS are complete. Rule. ( 2 ) WITH the consent of the parties, the matter is heard and disposed of finally at the admission stage. ( 3 ) THE petitioner has filed the present writ petition seeking directions to respondent no. 2 to determine the applicability of the Industrial employment Standing Order Act, 1946 (hereinafter referred to as `the Act') on the petitioner/ management. It is the contention of the petitioner that the aforesaid Act is not applicable to the petitioner/ establishment and the directions issued to the petitioner to submit Draft Standing Orders for certification are illegal and without jurisdiction. Counsel for the petitioner refers to the letter dated 23. 5. 2003 and 4. 3. 2004, addressed to respondent no. 2 wherein it was stated that the management had filed the Draft Standing Orders for certification without prejudice to its rights to challenge the applicability of the said Act on the hotel of the petitioner/ management. ( 4 ) ON the other hand, counsel for the respondent has drawn the attention of this Court to letter dated 14. 10. 2003, issued by the petitioner/ management to respondent no. 2 enclosing therewith the Draft Standing Orders for approval to state that the petitioner had submitted to the jurisdiction of the controlling Authority. It is further stated that on 29. 8. 2003, a representative of the petitioner appeared before the respondent no. 2 and assured that the draft Standing Orders would be submitted before the next date, but on the next date,. e. , 5. 9. 2003, neither the petitioner attended the proceedings nor were the Draft Standing Orders submitted, as result of which a show cause notice for prosecuting the petitioner was issued. After that the petitioner appeared before the respondent no. 2 and attended the proceedings. ( 5 ) IT is agreed by the parties that the present writ petition can be disposed of with the direction to respondent no. 2 to consider the preliminary objection of the petitioner as to the maintainability of the proceedings under the Act in view of the objection taken by the petitioner/ management and pass an order thereon. Accordingly, the petitioner is directed to appear before the respondent no. 2 on 3. 9. 2 to consider the preliminary objection of the petitioner as to the maintainability of the proceedings under the Act in view of the objection taken by the petitioner/ management and pass an order thereon. Accordingly, the petitioner is directed to appear before the respondent no. 2 on 3. 9. 2007, on which date, the petitioner shall address arguments on the applicability of the Act to the petitioner and the maintainability of the proceedings initiated by respondent no. 2 under the Act. After granting a hearing to the petitioner, the respondent no. 2 shall pass a speaking order on the preliminary objection raised by the petitioner with regard to the maintainability of the proceedings as also the applicability of the Act in the light of the objections raised by the petitioner. Until an order is passed by the respondent no. 2 as indicated above, no coercive steps shall be taken against the petitioner. ( 6 ) IN view of the aforesaid order, nothing further survives in the petition. The writ petition and the pending application are disposed of. ( 7 ) A copy of this order be given dasti to the counsels for the parties.