Bharat Electronics Ltd v. Bishan Swaroop Sharma & ANR
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 294/2011 BHARAT ELECTRONICS LTD Petitioner Through:
Mr. R. Chacko, Mr. Varun Mudgal and Mr. Abhishek Rana, Advocates.
versus BISHAN SWAROOP SHARMA & ANR Respondents j "
Through:
Mr. Sanjoy Ghose, Ms. Urvi Mohan and Mr. Rhishabh Jetley, Advocates.
+ W.P.(C) 1430/2011 BISPIAN SWAROOP SHARMA Petitioner Through:
Mr. Sanjoy Ghose, Ms. Urvi Mohan and Mr. Rhishabh Jetley, Advocates.
versus BHARAT ELECTRONICS LTD Respondent \ f Through: Mr. R. Chacko, Mr. Varun Mudgal and Mr. Abhishek Rana, Advocates.
CORAM:
HON'BLE MR.
JUSTICE J.R. MIDHA
ORDER
% 15.07.2019 1.
The parties have challenged the award of the Labour Court whereby compensation of Rs.2,00,000/- has been awarded to the workman along with interest @12% per annum.
2.
The workman was working as a Junior Store Keeper with Bharat Electronics Limited since February, 1977 and his services were terminated on 05 July, 1993 after an inquiry into the charge sheet Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
'2)^ dated 25"^ October, 1990. As per the charge sheet, the workman refused to receive certain items brought by customers for being deposited in the store on 23'^'' October, 1990 despite clear instructions from Mr. R.P. Pandey. The workman misbehaved with Mr.R.P. Pandey and also physically assaulted and threatened him with dire consequences. According to the workman, Mr.R.P. Pandey assaulted him and workman made a criminal complaint against Mr.R.P. Pandey and Mr.R.P. Pandey was enlarged on bail. 3.
Learned counsel for the petitioner in W.P.(C) 294/2011 urged at the time of hearing that the inquiry was fairly conducted and there is no infirmity in the termination of the workman on the ground of misconduct. Learned counsel seeks setting aside of the compensation awarded by the Labour Court.
4.
Learned counsel for the workman urged at the time of hearing that the workman was not given opportunity to file the reply to the charge sheet and the inquiry suffers from the violation of principles of nature justice. Learned counsel for the workman seeks enhancement of the compensation awarded by the Labour Court.
\ / 5.
This Court is of the view that the termination of the workman by the management does not warrant any interference. This Court is also satisfied that the compensation of Rs.2,00,000/- awarded by the Labour Court is just, fair and reasonable and does not warrant any interference. However, the interest of 12% awarded by the Labour Court is on higher side and is, therefore, reduced to the bank rate of interest. 6.
Bharat Electronics Limited deposited Rs. 1,00,000/- with the Registrar General of this Court in terms of the order dated 17 January, 2019. As per the report of UCO Bank, the maturity value of the FDR for Rs. 1,00,000/- as on today is Rs. 1,98,199/- subject to TDS and pre-mature penalty. 7.
The Registrar General is directed to release amount of Rs. 1,00,000/-
deposited by the Bharat Electronics Limited to the workman, Bishan Swaroop Sharma along with interest accrued thereon within two weeks from today. The Bharat Electronics Limited is directed to pay further sum of Rs. 1,00,000/- along with interest which has accrued on the earlier amount deposited by the petitioner, meaning thereby that the equivalent amount that would be released by the UCO Bank, shall be paid by the Bharat Electronics Limited to the workman, Bishan Swaroop Sharma within four weeks. 8.
Both the writ petitioners are disposed of in above terms. 9.
This Court appreciates the assistance rendered by learned counsels for both the parties in this matter.
10. Copy of this order be given dasti to counsels for the par^s under signature of Court Master.
% JrRTMIDHA, J.
JULY 15, 2019 ak j