D.C.M. Engineering Products v. P.O.Labour Court Patiala And ANR

CWP-4290-2000 (O&M) and other connected matters

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 209 (02 cases) CWP-4290-2000 (O&M) Date of Decision : 25.11.2024 DCM ENGINEERING PRODUCTS .... PETITIONER V/S PRESIDING OFFICER, LABOUR COURT, PATIALA AND ANOTHER .... RESPONDENTS 2.

CWP-4498-2001 SHIV GULAM .... PETITIONER V/S THE PRESIDING OFFICER, LABOUR COURT, PATIALA AND ANOTHER .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Pawan Kumar Mutneja, Sr. Advocate with Ms. Suverna Mutneja, Advocate for the petitioner.

None for respondent No.2.

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

By this common order, CWP-4290-2000 and CWP-44982001 are disposed of as issues involved and prayer sought in both the petitions are common. For the sake of convenience and with the consent of parties, the facts are borrowed from CWP-4290-2000. Anju Goel 2024.11.26 09:58 I attest to the accuracy and integrity of this document Chandigarh

CWP-4290-2000 (O&M) and other connected matters 2.

The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of award dated 11.06.1999 (Annexure P-19) whereby Labour Court has answered the reference in favour of workman.

3.

Mr. Mutneja, at the outset, submits that the petitioner was a manufacturing unit and it closed its manufacturing activities in 2019. Prior to 2019, there were 1600 workers. More than 1300 workers have already accepted retrenchment compensation. The remaining workers are not coming forward and they have not filed any claim. The respondents herein have been paid last drawn wages in terms of Section 17-B of Industrial Disputes Act, 1947 till the date of their superannuation. 4.

The question of reinstatement does not survive. 5.

Considering the fact that the workmen were terminated on 22.12.1992; impugned award was passed in 1999; the unit has been closed and respondents are not coming forward, the petitions stand disposed of with liberty to the parties to move an appropriate application within three months from today, if cause survives. 6.

Pending miscellaneous application (s), if any, shall also stand disposed of.

(JAGMOHAN BANSAL) JUDGE 25.11.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2024.11.26 09:58 I attest to the accuracy and integrity of this document Chandigarh