PRATAP SINGH Vs. JASPAL KAUR PUBLIC SCHOOL

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The present petitions have been filed challenging the impugned orders dtd. 3/5/2019, passed by the Presiding Officer, Labour Court, Rouse Avenue Court Complex, New Delhi, vide which, the applications filed by the Management for rejecting the claim of the Workmen have been allowed, and the claims of the workmen have been dismissed as not maintainable.

(3.) Ld. counsel for the Petitioners submits that the Petitioners have been non-suited on the ground of res-judicata. He submits that the Labour Court could not have considered the said plea of res-judicata at the initial stage. Ld. Counsel relies upon the judgment of the Supreme Court in Srihari Hanumandas Totala v. Hemant Vithal Kamat and Ors. (Civil Appeal No. 4665/2021, decided on 9/8/2021), to argue that res-judicata ought to be a plea which should have been considered after all the pleadings are complete and issues are framed in the matter before the Labour Court.