D B Corporation Pvt Ltd v. Veena Joshi & ANR
CWP-10806-2017 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CWP-10806-2017 (O&M) Date of Decision : 19.12.2024 D. B. CORPORATION PVT. LTD.
.... PETITIONER V/S VEENA JOSHI & ANR .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :- Mr.Rajeshwar Singh Thakur, Advocate for the petitioner.
Mr. Raman Sharma, Advocate for respondent No.1.
**** 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 09.02.2017 (Annexure P-7) whereby Industrial Tribunal has answered the reference in favour of the workman. 2.
The respondent No.1 is an ex-employee of the petitioner. She was dismissed from service. On her application, the matter was referred to Industrial Tribunal which vide impugned award dated 09.02.2017 held him entitled to reinstatement with full back wages. 3.
On the asking of Court, Mr. Raman Sharma, Advocate submits that workman, during the pendency of the instant petition, has attained the age of superannuation, thus, question of reinstatement does Anju Goel 2024.12.20 10:02 I attest to the accuracy and integrity of this document Chandigarh
CWP-10806-2017 (O&M) 2 not survive. This Court may be pleased to award lump sum compensation.
4.
Faced with this, Mr.Rajeshwar Singh Thakur, Advocate submits that as per his instructions, lump sum compensation of Rs.1.5 lakhs may be awarded and they have further referred the matter to higher authorities to approve compensation of Rs. 2 lakhs. 5.
Considering the fact that workman has already attained the age of superannuation, this Court finds it appropriate to direct the petitioner to pay a lump sum of Rs.2 lakhs to respondent-workman within 08 weeks from today failing which it would be liable to pay interest @ 12% per annum.
6.
Disposed of.
7.
Pending miscellaneous application (s), if any, shall also stand disposed of.
(JAGMOHAN BANSAL) JUDGE 19.12.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2024.12.20 10:02 I attest to the accuracy and integrity of this document Chandigarh