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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 :

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