Punjab-Haryana High Court
M/S Escorts Employees Ancillaries Ltd vs The Polc Faridabad-Ii on 28 October, 2024
Neutral Citation No:=2024:PHHC:141376
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
104+214 CWP-10724-2004 (O&M)
Date of decision: 28.10.2024
M/S ESCORTS EMPLOYEES ANCILLARIES LTD.
....PETITIONER
Vs.
THE PRESIDING OFFICER LABOUR COURT-II FARIDABAD AND
ANOTHER
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Ashwani Bakshi, Advocate
for the petitioner
Mr. Vineet Chaudhary, 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 Award dated 24.03.2004 (Annexure P-7) and interim Award dated 23.03.1996 (Annexure P-2).
2. The Labour Court by impugned Award dated 24.03.2024 has awarded lump sum compensation of Rs. 6,00,000/- to the worklady. The said compensation has been awarded in lieu of back wages and reinstatement.
3. By interim Award, the Labour Court had ordered to pay back wages. The matter remained pending before Labour Court for quite a long time. Resultantly, petitioner had to pay Rs. 2,22,500/- towards back wages. The Labour Court has ordered to adjust said amount in the lump-sum compensation.
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Neutral Citation No:=2024:PHHC:141376
CWP-10724-2004 (O&M) -2-
4. Mr. Ashwani Bakshi, Advocate submits that Labour Court has recorded findings in favour of petitioner still lump sum compensation has been awarded.
5. From the perusal of impugned order, it comes out that Labour Court has passed a very detailed and reasoned order. It has considered each and every aspect of the inquiry as well as conduct of parties.
The Labour Court considering length of service, back wages, age of respondent No. 2, balance service, unemployment of respondent No. 2 and her future prospects has awarded compensation of Rs. 6,00,000/-. The said order was passed in 2004 and on account of stay, the petitioner has not paid said amount to respondent No. 2.
6. Keeping in mind, paras 50-52 judgment of Supreme Court in 'Central Council for Research in Ayurvedic Sciences Vs. Bikartan Das and others 2023 SCC OnLine SC 996' and efflux of time, I do not find it appropriate to interfere with impugned order and invoke writ jurisdiction of this Court.
7. The petitioner shall pay sum awarded by Labour Court within 2 months from today.
8. Dismissed.
9. Pending miscellaneous application(s), if any, shall also stand disposed of.
28.10.2024 [JAGMOHAN BANSAL]
manoj JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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