Rajesh Kumar v. Govardhan Lal Trehan Saraswati Balmandir & ANR

$~A-13(2019) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11855/2019 RAJESH KUMAR Petitioner Through:

Mr.

L.B.

Rai, Advocate.

(M:9810614546) versus GOVARDHAN LAL TREHAN SARASWATIBALMANDIR & ANR Respondents Through:

Ms. Swaralipi Debroy and Mr.

Ashutosh Singh, Advocates.

CORAM;

JUSTICE PRATHIBA M.

SINGH

ORDER

% 21.10.2021 % 1.

This hearing has been done through hybrid mode. 2.

This matter has been taken up today as 18^ October, 2021 was declared holiday.

3.

The present petition has been filed challenging the impugned Award dated 6^ December, 2018 passed by the Presiding Officer, Labour Court. 4.

The Petitioner was working as a driver with the Respondent-School from 28th January, 2009, and his services were terminated by the School on u 1®'Januaiy, 2011.

5.

Vide the impugned Award, the termination was held to be illegal. However, lump sum compensation of Rs.85,000/- was awarded in lieu of reinstatement and backwages. The operative portion of the award reads as under:

W.P.(C) 11855/2019 By:AMULYA

'''Now coming to the case in hand, it be seen that the services of the workman/claimant has been terminated illegally and unjustifiably by the management. Much time has elapsed since date of his termination, hence, it cannot be presumed that he would remain idle for such a long period. Thus, in such circumstances. I deem it appropriate to srant lump sum compensation to the workman/claimant instead of his reinstatement. Accordinslv, I srant a compensation of Rs.85.000/- (Rupees Eishty Five Thousand only) to the workman/claimant instead of his reinstatement and back wases. considerins the tenure of his service, damages for delay and resultant litigation. The amount of compensation shall be paid to the workman/claimant within one month from the date when this award becomes enforceable failing which the amount shall carry an interest @ 9% p. a. from the date it becomes due till the time it is % realized. "

6.

The Workman has challenged this Award, granting lump sum compensation before this Court on the ground that once the termination was held to be illegal, reinstatement ought to have been directed. 7.

Admittedly, the Management has not challenged the Award and thus, the findings in respect of illegal termination have attained finality. The only question remains is of the amount of compensation. 8.

Today, Id. Counsel for the Workman, along with the Workman in person and Id. Counsel for the Management have appeared and made submissions.

9.

After hearing Id. Counsels for the parties, the Workman, who is present in Court is agreeable to accept a sum of Rs.1,50,000/- as lump sum compensation, including the litigation expenses, provided the same is paid W.P.

(C) 11855/2019

on or before November, 2021. This amount is acceptable to the Management-School.

10.

Considering the consensus and settlement arrived at between the parties, the following directions are issued:

(1) The Respondent- School shall pay a sum of Rs.1,50,000/-, by way of demand draft to the Petitioner/Workman on or before 1®^ November, 2021. The said demand draft shall be handed over by Id. Counsel for the Respondent to Mr. Rai, Id. Counsel for the Workman.

(2) Upon receipt of the said demand draft and encashment of the same, the disputes between the parties shall stand settled flilly and finally, and the Workman will have no further outstanding claims against the Respondent-School. (3) If there are any statutory PF dues for the period when the Workman had rendered services to the Respondent School, the same shall be liable to be paid in addition to the settlement amount agreed herein.

11. The present petition is disposed of as settled, in the above terms. OCTOBER 21,2021W^A:

PRATfflBA M. SEVGH, J.

W.P.(C) 11855/2019