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High Court of DelhiW.P.(C)/4630/2017

Shri Chand v. Competent Authority Under The Shop & Establishment Act And ANR

2020-01-08Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4630/2017 & C.M. No. 454/2020 SHRI CHAND ..... Petitioner Through:

Ms. Puja Shrivastava, Advocate along with Petitioner in person.

versus COMPETENT AUTHORITY UNDER THE SHOP & ESTABLISHMENT ACT AND ANR ..... Respondents Through:

Mr. Arpit Bisht, Advocate for Mr. S.

K. Tripathi, ASC for GNCTD for R-1.

Respondent no.2 (Santosh Mishra) in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 08.01.2020 1.

The present writ petition has been filed by the management assails the order dated 19.12.2016 passed by the competent authority under Shops & Establishment Act, 1954. Under the impugned order, the petitioner has been directed to pay a sum of Rs.58,667/- to the respondent along with compensation of Rs.5,866/-. 2.

During the pendency of the writ petition, the parties have entered into an amicable settlement, the terms whereof has been set out in the agreement dated 09.10.2019. As per the terms of the settlement agreement, a copy whereof has been placed on record, the parties have agreed that the petitioner will pay a sum of Rs.50,000/- to

the respondent in lieu of all his claims under the impugned order. 3.

The respondent no.2, who is present in Court submits that he has received the entire agreed amount of Rs.50,000/- and he has no further surviving claims against the petitioner. Accordingly with the consent of the parties, the impugned order is modified in terms of the settlement dated 09.10.2019. The parties will remain bound by the terms of the settlement. The respondent will have no further claims against the petitioner.

4.

The writ petition alongwith the pending application is disposed of in the above terms.

5.

At this stage, learned counsel for the petitioner submits that pursuant to this Court's order dated 26.05.2017, 50% of the awarded amount was deposited with the Registrar General of this Court and therefore, prays that the said amount be refunded to the petitioner along with interest.

6.

The respondent no.2 has no objection to the aforesaid request. Accordingly, the Registry is directed to forthwith refund the amount deposited by the petitioner with up-to-date accrued interest thereon. 7.

The next date of hearing i.e. 13.01.2020 stands cancelled. REKHA PALLI, J JANUARY 08, 2020 Ssc