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High Court of Punjab and HaryanaCWP/6723/2014disposed of

Sat Narayan Sharma v. The Presiding Officer & ORS

2024-09-20Mr. Justice Jagmohan Bansal2 pages

CWP-6723-2014

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-6723-2014 Date of Decision : 20.09.2024 SAT NARAYAN SHARMA .... PETITIONER V/S THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATIALA & ORS .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Vikas Arora, Advocate for the petitioner.

Mr. Mrigank Sharma, Advocate for respondent No.2.

Mr. Rajat Khanna, Advocate and Mr. Balwan Singh, Advocate for respondents No.3 and 4.

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

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking modification of award dated 27.11.2013 (Annexure P-9) whereby Labour Court has awarded lump sum compensation of Rs.1,26,700/-.

2.

The impugned award was passed on 27.11.2013 and it was sent for publication on 12.02.2014. As per said award, the petitioner was not ordered to be reinstated because of closure of the Unit, however, he was awarded lump sum compensation of Rs.1,26,700/-. There was an Anju Goel 2024.09.23 10:04 I attest to the accuracy and integrity of this document Chandigarh

CWP-6723-2014 order to pay interest @ 6% per annum if payment is not made within 45 days from the date of publication of award. The petitioner is claiming that amount of compensation should be enhanced and respondents are claiming that Units at Patiala as well as Yamuna Nagar have already been closed, thus, it is difficult for the management to pay even the amount awarded by Labour Court.

3.

Having scrutinized the record and heard arguments of both sides as well as considering the fact that Unit where petitioner was working as well as 2nd Unit of management have already been closed, this Court does not find it appropriate to enhance the amount of compensation awarded by Labour Court, however, respondents are duty bound to comply with order of Labour Court. The respondent has not assailed the award and the petitioner till date has not received amount of compensation as awarded.

4.

The petition stands disposed of with a direction to respondents to comply with order of Labour Court within two months from today.

20.09.2024 (JAGMOHAN BANSAL) anju JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2024.09.23 10:04 I attest to the accuracy and integrity of this document Chandigarh