Vasudev Patel v. J.P.R. Exports

Signed By:RAM DATT 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.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9266/2014 ANIL KUMAR SAXENA Petitioner Through Mr.Syed Sajad Ali, Adv.

r versus M/S J.P.R. EXPORTS Respondent Through Mr.Pradhuman Gautam, Adv. with Mr.S.C. Pathak, HR MGR. in person.

+ W.P.(C) 6506/2015 VASUDEV PATEL Petitioner Through Mr.Syed Sajad Ali, Adv.

versus J.P.R. EXPORTS Respondent Through Mr.Pradhuman Gautam, Adv. with Mr.S.C. Pathak, HR MGR. in person.

+ W.P.(C) 6516/2015 AVDHESH SINGH Petitioner Through Mr.Syed Sajad Ali, Adv.

versus M/S J.P.R. EXPORTS Respondent Thi-ough Mr.Pradhuman Gautam, Adv. with Mr.S.C. Pathak, HR MGR.

in person.

+ W.P.(C) 6517/2015 ASHOK KUMAR SAXENA Petitioner Through Mr.Syed Sajad Ali, Adv.

versus M/S J.P.R. EXPORTS Respondent Through Mr.Pradhuman Gautam, Adv. with Mr.S.C. Pathak, HR MGR.

in person.

+ W.P.(C) 6519/2015 JAIPRAKASH SHARMA Petitioner Through Mr.Syed Sajad Ali, Adv.

versus M/S J.P.R. EXPORTS Respondent Through Mr.Pradhuman Gautam, Adv. with Mr.S.C. Pathak, HR MGR.

in person.

+ W.P.(C) 6541/2015 SAROJ KUMAR Petitioner Through Mr.Syed Sajad Ali, Adv.

versus M/S J.P.R. EXPORTS Respondent Through Mr.Pradhuman Gautam, Adv. with Mr.S.C. Pathak, HR MGR.

in person.

+ W.P.(C) 6542/2015 AKHILESH KUMAR VERMA Petitioner Through Mr.Syed Sajad Ali, Adv.

versus M/S J.P.R. EXPORTS Respondent Through Mr.Pradhuman Gautam, Adv. with Mr.S.C. Pathak, HR MGR.

in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

ORDER

% 01.10.2019 1.

The present writ petitions assail a common Award dated 19.02.2013, passed by the learned Labour Court, Karkardooma Courts, Delhi in ID No.130/2011 & LCA No.59/11 [WP(C)

No.9266/2014) and other six connected petitions impugned in this Court being WP (C) Nos.6506/2015 [ID No.131/11 & LCA No.55/11], 6516/2015 [IDNo.133/11 & LCA No.53/11] , 6517/2015 [ID No. 135/11 «&LCANo.54/ll], 6519/2015 [ID No. 132/11 & LCA No.56/11], 6541/2015 [ID No. 134/11 & LCANo.58/11] & 6542/2015 [IDNo.136/11 &LCAN0.57/II].

2.

Under the impugned Award, the learned Labour Court has after holding that the petitioners were permanent employees of the respondent/organization and had been illegally terminated without following the provisions of Section 25-F, G & H of the Industrial Disputes Act, 1947, has directed payment of a lump sum compensation of Rs.10,000/- to each of the petitioners. 3.

The petitioners have in the present petition assailed the award of compensation by contending that the same is highly inadequate. 4.

On 13.09.2019, after some arguments learned counsel for the petitioners had on instructions from the petitioners, submitted that the petitioners were willing to accept a lump sum compensation of Rs. 1,75,000/- in lieu of all their claims against the respondent. Learned counsel for the respondent was granted time to obtain instructions.

5.

Today, learned counsel for the respondents on instructions from Mr.S.C. Pathak, HR Manager, who in turn had sought telephonic instructions from Mr.Ishwar R. Pujara, the partner of the respondent submits that the respondent is willing to amicably settle the matter by paying a lump sum compensation of Rs. 1,75,000/- to each of the petitioners in full and final settlement of all their claims against the

respondent.

6.

Accordingly, with the consent of the parties, the writ petitions are disposed of by directing the respondent to pay as lump sum compensation, a sum of Rs. 1,75,000 /- to each of the petitioners within six weeks. The impugned order will stand modified to the f extent that the compensation awarded to the petitioner would be read as Rs. 1,75,000/-. It is made clear that after the receipt of the aforesaid amount, the petitioners will have no further claim against the respondent.

OCTOBER 01, 2019/aa REKHA PALLI, J P