IN THE COURT OF SHRI
AUTHORITY (UNDER SHOP &ESTABLISHMENT ACT -1954)
(NORTH –WEST DISTRICT ) LABOUR WELFARE
CENTRE,NIMRI COLONY ,ASHOK VIHAR,PHASE -4 DELHI
-110052
In re:
IN THE MATTER OF :
MISS RENU Claimant
VERSUS
M/s KRISHNA SERVICES
Through its owner
Sh KHUSBU AGARWAL Management
APPLICATION UNDER ORDER 9 RULE 13 AND SECTION
151 CPCFOR SETTING ASIDE THE EX- PARTE ORDER/
DECREE NO.S&E/197/NW/2016/535-537, DATE OF
DECISION 05.01.2018
RESPECTFULLY SHOWETH :
1. That a summon was received from PS Ashok
Vihar for a demand of Rs 15667 , on Dated
13th July 2018 by the applicants father .
2. That the applicant M/S Krishna Services
has closed down all its operations in
2016 and has partially shifted to West
Bengal for his Profession .
3. That before the closure of firm and
shifting, the applicant personally and
through his representative attended the
hearing of claim and the applicant was
under the impression that the case has
been dismissed by the labor inspector
after hearing both the parties and taking
in consideration the evidence .
4. That the claim or demand made by the
complainant is on a false and deceptive
ground.
5. That the complainant was removed on
breaking of Code of Conduct, and
misbehavior.
6. That the complainant was kept of trial
basis and no appointment letter was given
to her as she was not able to meet the
criteria of the company.
7. That the conduct of complainant was not
acceptable by any standard and three such
instances of VIOLENCE with co employees,
instances of beating, abusing and
threatening was found before terminating
the complainant.
8. That the complain of termination without
information or notice is totally wrong ,
from time to time formal warning was
given both verbally and through mail.
9. That on 20th April 2015, the complainant
exceeded all limits of indiscipline and
physically assaulted one of the co
employee named Neelam and the co
employee suffered injury on head .
10.That the co employee ( Neelam ) filed a
police complain on the same , copy of the
same attached .
11.The management issued a final warning to
complainant Renu both in writing and in
mail that if such a conduct is continued
, she will be terminated without salary ,
copy of the same attached .
12.That the entire episode was captured by
CCTV camera , The footage of the same was
previously attached .
13.That on despite giving formal final
warning complainant did not end her
misconduct ,fought and abused with all other
team members , and left the premises without
any intimation, screaming and abusing on
the road.
14.That there on the complainant (Renu ) called
the supervisor and co employees and
threatened to beat then and abused on the
phone , complain of the same made in PS
Ashok Vihar.
15.That Further on 4th May 2015, the
Complainant approached the PS and put a
false complain , the police viewed the CCTV
footage and in light of the previous
complains made by management against the
complainant ,rejected her complain on false
and flavious grounds.
16.That till 10th July 2018, the applicant was
totally unaware about the filing of the
above- mentioned petition or passing of any
order therein.
17.That now the applicant wants to appear as
well as contest the above-mentioned
application before this Honorable Court
which is very necessary and important for
the just and proper decision of the appeal.
18.That if the application is not allowed and
the petition is not decided on merits the
applicant will suffer an irreparable loss
and his valuable rights will be jeopardized.
PRAYER:-
In the above-mentioned circumstances, it is
therefore respectfully prayed that the ex-parte
judgment/decree dated 05th Jan 2018 may kindly
be set aside and the instant petition be
decided on its merits for the best interest of
justice.
Any other relief, which this honorable court
thinks fit and proper, may also be awarded to
the petitioner in the best interest of justice.
PETITIONER
Through
ADVOCATE
THE COURT OF
IN Re :
IN THE MATTER OF :
-------------------------------------------
VS
-------------------------------------------
C.C.No.
Fir no.
APPLICATION ON BEHALF OF THE APPLICANT FOR
GRANT OF DASTI COPY /CERTIFIED COPY
MOST RESPECTFULLY SHOWETH:
Kindly grant the certified copy of of :
To the counsel for the applicant, as per rule
,in the interest of justice .
It is prayed accordingly :
Applicant
New Delhi
Dated :
