High Court of Punjab and HaryanaCWP/1641/2015disposed of

Raj Kumar v. The Presiding Officer & ANR

2022-05-20Mr. Justice Rajbir Sehrawat2 pages

CM-3532-CWP-2015 IN/AND CWP-1641-2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-3532-CWP-2015 IN/AND CWP-1641-2015 Date of Decision: 20.05.2022 Raj Kumar ...... Petitioner

Versus

The Presiding Officer, Industrial Tribunal-cum-Labour Court-III, Faridabad and another ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mrs. Abha Rathore, Advocate, for the petitioner.

Mr. Sudhanshu Makkar, Advocate, for respondent No.2.

***** RAJBIR SEHRAWAT, J. (ORAL) This is a petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ of certiorari quashing the portion of award dated 26.08.2014 passed by respondent No.1. Learned counsel for the respondent-employer has submitted that as recorded in the order dated 25.02.2020, he had sought time to get instructions whether the respondent-employer was ready to pay Rs.3,00,000/- as compensation in lieu of reinstatement. However, now the matter has already been settled with the petitioner-workman for an amount of Rs.2,00,000/- as full and final settlement and the petitioner-workman has already received the amount of Rs.2,00,000/- through a cheque bearing No.270727 dated 28.12.2020 of State Bank of India, NGM Branch, Palwal, which was issued in his name. He has also signed the receipt for the same VIRENDRA SINGH ADHIKARI 2022.05.20 18:26 I attest to the accuracy and authenticity of this order/judgment

CM-3532-CWP-2015 IN/AND CWP-1641-2015 -2on 29.12.2020 and has even sworn an affidavit to that effect. Photocopies of some documents, i.e. undertaking of the petitioner-workman, receipt of cheque bearing No.270727 dated 28.12.2020 of State Bank of India, NGM Branch, Palwal, and affidavit, have been furnished by the learned counsel for the respondent-employer in the Court today and the same are taken on record.

In view of the above, the present petition is disposed of by modifying the award in terms of the settlement. CM-3532-CWP-2015 Since the main petition stands disposed of, the present application is also disposed of as such.

(RAJBIR SEHRAWAT) JUDGE 20.05.2022 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2022.05.20 18:26 I attest to the accuracy and authenticity of this order/judgment