Punjab Financial Corporation And ANR v. Rajinder Prasad And ANR

CWP-2950-2023

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-2950-2023 Date of Decision : 12.09.2024 PUNJAB FINANCIAL CORPORATION AND ANR .... PETITIONERS V/S RAJINDER PRASAD AND ANR .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr. G.S.Bal, Sr. Advocate with Ms. Gurneet Kaur, Advocate for the petitioners.

Mr. Pritpal Singh Nijjar, Advocate for respondent No.1.

**** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of award dated 02.09.2022 (Annexure P-9) whereby Labour Court has answered reference in favour of the workman and granted lump sum compensation of Rs.8,28,750/-.

2.

Mr. G.S.Bal, Sr. Advocate submits that the workman was terminated on 14.08.2002 and he served demand notice on 11.04.2017 which was hopelessly barred by limitation. It is settled proposition of law that Courts cannot rekindle dead woods. The claim of workman was clearly time barred. The Labour Court has wrongly awarded lump sum Anju Goel 2024.09.12 15:51 I attest to the accuracy and integrity of this document Chandigarh

CWP-2950-2023 compensation to him.

3.

Mr. Pritpal Singh Nijjar, Advocate submits that litigation of similarly situated workers was pending before this Court and he was under bonafide impression that fruit of said litigation would be extended to all the workers. Under this wrong impression, he did not approach Labour Court well within time.

4.

On the asking of Court, counsel for the parties agree that the petition may be disposed of subject to payment of Rs.2.5 lakhs to workman.

5.

In the wake of statement of both sides, the present petition stands disposed of with a direction to the petitioner to pay a sum of Rs.2.5 lakhs to respondent-workman within two months from today. (JAGMOHAN BANSAL) JUDGE 12.09.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2024.09.12 15:51 I attest to the accuracy and integrity of this document Chandigarh