M/S Master Builders v. Suraj Pal Singh

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4852/2013 M/S MASTER BUILDERS .... Petitioner Through Mr.Gulshan Chawla, Adv. with Mr.Mohit Sethi, Partner of petitioner/firm.

versus SURAJ PAL SINGH ..... Respondent Through Mr.Subhash Oberoi, Adv. with Mr.C.M. Gopal, Adv. & Mr. Lalit Rana, Adv. with respondent in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 11.02.2019 1.

Vide the present petition, the management-M/s Master Builders impugns the Award dated 20th October, 2012 passed by the learned Labour Court XI, whereby the Court had directed the petitioner/Management to pay to the respondent, retrenchment compensation for thirty two years of service along with Rs.25,000/- as additional compensation.

2.

On 2nd August, 2013, while issuing notice to the respondent, this Court had directed the petitioner to deposit a sum of Rs.50,000/- with the Registrar General of this Court which amount was duly deposited and has thereafter been placed in an interest bearing Fixed Deposit Receipt.

3.

Learned counsel for the petitioner states that since the only issue being agitated by the petitioner before this Court is that the respondent was in service not from 1977 as held by the learned

Labour Court but had joined the petitioner's service only in 1990, the petitioner is willing to amicably settle the matter with the respondent by paying a further sum of Rs.25,000/- to the respondent towards the additional compensation, as ordered by the learned Labour Court and has no objection, if the amount deposited by the petitioner is released to the respondent with upto date interest accrued thereon. 4.

Learned counsel for the respondent on instructions from the respondent, who is present in Court, states that he is willing to accept the aforesaid offer made by the petitioner.

5.

Learned counsel for the petitioner on instructions from Mr.Mohit Sethi, partner of the petitioner/management, states that the agreed amount of Rs.25,000/- by way of a demand draft in favour of the respondent will handed over to his counsel within a period of two weeks. The Registry is also directed to forthwith release the amount deposited by the petitioner along with all the interest accrued thereon to the respondent.

6.

It is also made clear that in view of the settlement as noted hereinabove, the impugned Award will no longer be enforceable. 7.

Needless to state that the present settlement will not in any manner, affect any other litigation pending between the parties. 8.

The writ petition is disposed of in the aforesaid terms. REKHA PALLI, J FEBRUARY 11, 2019/aa