M/S P.S.P.C. Press Pvt. Ltd. v. Presiding Officer, Industrial Tribunal-Cum-Labour Court, Faridabad And ANR.
IN THE HIG
AT CHAND 1.M/S P.S.P THE PRESI LABOUR C GH COURT OF PUNJAB AND DIGARH D HARYANA CWPDate o -25669-2022 of decision: 14.11.2024 P.C. PRESS PVT. LTD.
..PETITIONER VS.
IDING OFFICER, INDUSTRI COURT AND ANOTHER IAL TRIBUNAL-CUM- ..RESPONDENTS CWP-25687-2022 2.M/S P.S.P THE PRESI LABOUR C
CORAM:
Present:
JAGMOHA 1.
P.C. PRESS PVT. LTD.
..PETITIONER VS.
IDING OFFICER, INDUSTRI COURT, FARIDABAD AND A IAL TRIBUNAL-CUMANOTHER ..RESPONDENTS HON'BLE MR. JUSTICE JAG GMOHAN BANSAL Mr. Anurag Lakhotia, Advocate Mr. Gurdeep Singh Nehra, Advo (Through VC) e with ocate for the petitioner.
Mr. Jashan Sekhon, Advocate for Mr. Shiv Kumar, Advocate f **** AN BANSAL, J.(ORAL) for respondent No.2.
By this common order CWP P No. 25669 of 2022 and CWP P No.25687 of f 2022 are disposed of as issues in nvolved and prayer sought in
CWP-25669-2022 -2both the petitions are common. For the sake of convenience and with the consent of parties, the facts are borrowed from CWP No.25669 of 2022. 2.
The instant petition under articles 226/227 of the Constitution of India is for seeking setting aside of award dated 14.07.2022 whereby Labour Court has answered the reference in favour of workman. 3.
The petitioner is a private limited company and respondent No.2 is its ex-employee. A dispute erupted between the parties. The respondent was terminated and he approached Labour Court which by impugned award ordered to reinstate him with continuity of service with 50% back wages.
4.
This Court vide order dated 16.10.2023 granted opportunity to respondent to rejoin and as per report of Labour Inspector, Faridabad, the respondent joined on 17.08.2023. The petitioner is claiming that respondent did not come forward to work after joining on 17.08.2023. 5.
The conduct of workman indicates that he is not interested to work with petitioner. Thus, impugned order qua reinstatement needs to be set aside and accordingly set aside.
6.
The Labour Court has further directed the petitioner to pay 50% back wages. Mr. Lakhotia, Advocate submits that management, to resolve the issue is ready to pay lumpsum Rs.1.5 lacs as full and final payment. 7.
Counsel for the respondent agrees to said arrangement. 8.
In view of statement of both sides, the petitions stand disposed of with a direction to petitioner to pay a sum of Rs. 1.5 lacs to each respondent-workman within one month from today. In case, payment is not
CWP-25669-2022 -3made within said period, the petitioner shall be liable to pay interest @ 9 % per annum.
9. Disposed of.
(JAGMOHAN BANSAL) November 14, 2024 JUDGE Poonam Sharma Whether speaking/reasoned?
Yes/No Whether reportable?
Yes/No