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High Court of Punjab and HaryanaCWP/7362/2024disposed of

M/S Jain Furnishing v. The Presiding Officer Industrial Tribunal Cum Labour Court, Ut Chandigarh And Another

2024-10-15Mr. Justice Jagmohan Bansal2 pages

CWP-7362-2024

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-7362-2024 Date of Decision : 15.10.2024 M/S JAIN FURNISHING .... PETITIONER V/S THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL CUM LABOUR COURT, UT CHANDIGARH AND ANOTHER .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :- Mr.Raj Kaushik, Advocate and Mr. Harsh Vardhan, Advocate for the petitioner.

Mr. Ritesh Tomar, Advocate for respondent No.2.

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

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 16.10.2023 (Annexure P-12) whereby Labour Court has directed it to pay a sum of Rs.72,960/- towards earned leave within three months. 2.

The respondent-workman worked with the petitioner from 2012 to 2020. He served a demand notice demanding reinstatement, bonus, leave encashment and overtime wages. The matter came up for consideration before the Conciliation Officer who got the matter amicably settled. The workman was paid a sum of Rs.75,000/- towards Anju Goel 2024.10.16 09:50 I attest to the accuracy and integrity of this document Chandigarh

CWP-7362-2024 full and final account settlement. The workman preferred an application before the Labour Court under section 33-C (2) of Industrial Disputes Act, 1947 claiming leave encashment. The said application was allowed by Labour Court vide impugned order dated 16.10.2023. The management has been directed to pay a sum of Rs.72,960/- along with interest. The petitioner has deposited aforesaid amount along with due interest with Labour Court.

3.

Counsel for the parties are ad-idem that the aforesaid amount may be reduced to 50% of the amount already deposited with Labour Court.

4.

In the wake of statement of both sides, the present petition stands disposed of with a direction to Labour Court to release 50% of already deposited amount to petitioner and 50% to workman-respondent No.2.

(JAGMOHAN BANSAL) JUDGE 15.10.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2024.10.16 09:50 I attest to the accuracy and integrity of this document Chandigarh