Punjab National Bank v. Shri Pawan Kumar Gupta

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8714/2017 & CM 35717/2018 PUNJAB NATIONAL BANK ..... Petitioner Through:

Mr. Jagat Arora, Mr.Rajat Arora and Mr. Murad Khan, Advocates versus SHRI PAWAN KUMAR GUPTA ..... Respondent Through:

Mr. Rhishabh Jetly, Advocate for Mr. Sanjoy Ghose, Advocate

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 05.12.2018 Vide impugned order of 26th July, 2017, petitioner has been directed to pay the interim compensation i.e. 50% of the last drawn wages to respondent-Workman.

Vide order of 13th March, 2018, respondent-Workman was permitted to withdraw the interim compensation amount subject to his furnishing an undertaking that he would refund the said amount in case petitioner succeeds. It is informed that now that matter is listed for final hearing before the Tribunal in January, 2019. In view of above, this Court is not inclined to go into the legality of the impugned order as the case has reached the final stage. This petition is accordingly disposed of with direction that respondent-Workman shall abide by the undertaking given to this Court in terms of order of 13th March, 2018 in case petitioner succeeds before the Tribunal. Needless to say that if respondent-Workman succeeds before the Tribunal, then the W.P.(C) 8714/2017

amount withdrawn by him in terms of order of 13th March, 2018 shall be adjusted.

With aforesaid observations, this petition and the application are accordingly disposed of.

(SUNIL GAUR) JUDGE DECEMBER 05, 2018 s W.P.(C) 8714/2017