Alpha Facility Services v. The State Govt Of NCT Of Delhi And ANR.
$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3864/2023 & CM APPL. 15031/2023 ALPHA FACILITY SERVICES ..... Petitioner Through:
Mr. N. K. Mishra and Mr. Narendra Kumar, Advocates versus THE STATE GOVT OF NCT OF DELHI AND ANR.
..... Respondents Through:
Mr. Divyam Nandrajog, panel counsel for GNCTD with Mr.
Mayank Kamra, Advocate for R-1
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R
% 09.05.2024 1.
Learned counsel appearing on behalf of the petitioner submitted that the matter has already been settled out of the Court and learned ADJ, POLC-V, Rouse Avenue Court, Complex, New Delhi has passed a settlement award dated 9th January, 2024 in LIR No. 319/2020. 2.
Learned counsel appearing on behalf of the petitioner submitted that in para 2 of the said award, it is clearly stated that the parties have settled the present dispute out of the Court for a lump sum amount of Rs. 1,00,000/- as full and final settlement. In para 3 of the said award, it is also stated as under:
"Keeping in view the statement made by AR for workman, it is clear that the workman has settled his dispute with the management and now he does not wish to proceed further with the present matter against the management. Accordingly, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:27:41
present claim filed by the claimant is disposed off as settled, as prayed for by the claimant."
3.
Learned counsel appearing on behalf of the petitioner submitted that in view of the settlement arrived between the parties and the settlement award dated 9th January, 2024, nothing is left for further adjudication in the present matter and the instant petition may be disposed of accordingly. 4.
Heard learned counsel appearing on behalf of the parties and perused the award dated 9th January, 2024 as referred by learned counsel for the petitioner.
5.
This Court bearing in mind the observation made by the learned ADJ at para 2 i.e., the workman has received Rs.2,908/- in cash towards the above settlement and the balance amount of Rs.97,092/- which is deposited with this Court be withdrawn in favour of the workman, the petitioner is at liberty to file an appropriate application before this Court to withdraw the above stated amount i.e., Rs.97,092/-, if the same is lying pending with this Court.
6.
In view of the above facts and circumstances, this Court does not find any reason to keep the matter pending as nothing is left for further adjudication before this Court owing to the fact that the matter has already been settled between the parties.
7.
Accordingly, the instant petition stands disposed of along with the pending applications, if any.
CHANDRA DHARI SINGH, J MAY 9, 2024 gs/da Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:27:41