Sunil Wire Industries Pvt Ltd. v. Sudheshwar Prasad

$~136 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5860/2019 SUNIL WIRE INDUSTRIES PVT LTD.

..... Petitioner Through:

Mr.Anuj Kumar Garg and Mr.Rakesh Kumar, Advocates versus SUDHESHWAR PRASAD ..... Respondent Through:

Mr.__, Advocate with respondent in person.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 23.04.2024 1.

The petitioner vide the present petition under Articles 226 and 227 of the Constitution of India, seeks the following reliefs: "I. Set aside the impugned Award dated 20-2-1014 in ID 04/04 passed by Sh Anand Swaroop Aggarwal POLC-XI Karkardooma Courts Delhi.

II. Grant the workman compensation of Rs. 14,617:00 ( Rupees Fourteen thousand six hundred and seventeen only) as on 311-1997 with interest or any other amount which the Hon'ble Court find just and reasonable.

III. AND pass such other further orders as considered necessary in the facts and circumstances of the case." 2.

The learned counsel appearing on behalf of the petitioner, on instructions, submits that the compensation amount as awarded vide the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

impugned award dated 20th February, 2014 passed in ID No. 04/04, POLC Karkardooma, Courts, Delhi, may be modified. It is further submitted on behalf of the petitioner the considering the facts and circumstances of the case in entirety, the respondent is only entitled for a compensation of Rs.2,20,000/- only.

3.

It is further submitted on behalf of the petitioner that in terms of order dated 30th July, 2019, the petitioner had deposited a sum of Rs.2,00,000/- with the Registrar General of this Court.

4.

The learned counsel appearing on behalf of the respondent vehemently opposes the instant petition on merit. However, after some deliberations, the learned counsel appearing on behalf of the respondent has consented to the compensation of Rs.2,20,000/- offered by the learned counsel appearing on behalf of the petitioner. 5.

Heard the learned counsel appearing on behalf of the parties and perused the record.

6.

In view of the above and considering all the facts and circumstances of the case and a considerable time has elapsed since the passing of the award, this Court opines that the impugned award be modified in view of the submissions made on behalf of the petitioner. 7.

Accordingly, the impugned award dated 20th February 2014 whereby the respondent was granted compensation to the tune of Rs.3,50,000/- is modified and the petitioner is directed to pay Rs.2,20,000/- to the respondent workman in full and final settlement within a period of four weeks.

8.

This Court further grants liberty to the petitioner to move an appropriate application seeking release of the sum of Rs.2,00,000/- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

deposited in terms of order dated 30th July, 2019, along with the interest accrued thereon.

9.

Accordingly, the petition stands satisfied and is disposed of in above terms.

CHANDRA DHARI SINGH, J APRIL 23, 2024 SV/DB 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.