Ramesh Kumar Chandwani vs Hari Om Sharma
2014 Latest Caselaw 3619 Del

$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 Judgment delivered on: 8th August, 2014

+                        W.P.(C) 6412/2013


      RAMESH KUMAR CHANDWANI                  ..... Petitioner
                   Represented by: Mr.Ajay Kumar Chopra,
                                   Advocate with Petitioner in
                                   person.
                   Versus
      HARI OM SHARMA                           ..... Respondent
                   Represented by: Mr.Pankaj Tripathi,
                                   Advocate with Respondent
                                   in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

W.P.(C) 6412/2013

1. Vide the present petition, the petitioner seeks quashing of the award dated 18.12.2010 passed by the learned Presiding Officer, Labour Court IX, Karkardooma Courts, Delhi, in I.D. No.224/09, titled as 'Hari Om Sharma Vs. G.R. Sons (Proprietor Ramesh Kumar).

2. Vide order dated 08.10.2013, this Court stayed the impugned order.

3. Mr.Ajay Kumar Chopra, learned counsel appearing on behalf of the petitioner submits that the respondent joined service with the petitioner in the year 2006. In 2008, establishment of the petitioner was shifted from Wazirpur Industrial Area to Bawana Industrial Area, Delhi.

It is alleged that the respondent left the job of his own on the pretext that he was not interested to join at Bawana being far away from his residence.

4. On the other hand, Mr. Pankaj Tripathi, learned counsel appearing on behalf of the respondent while disputing this fact submits that the respondent joined the petitioner in the year 1986.

5. Learned counsel for the petitioner, on instructions from the petitioner Mr. Ramesh Kumar Chandani, who is present in Court, submits that the petitioner is ready to take the respondent in job and if he so wishes, he can join the petitioner from Monday, i.e., 11.08.2014, however, submits that the ex parte award dated 18.12.2010 be set aside and for the back wages, the learned Labour Court may pass fresh award after giving opportunities to both the sides.

6. In view of the aforesaid statement made by the petitioner, he is directed to give appointment to the respondent w.e.f. 11.08.2014. Accordingly, the ex parte award dated 18.12.2010 is hereby quashed.

7. Consequently, the case is remanded back to the concerned Labour Court for deciding the issue qua back wages afresh after giving opportunities to both the parties in accordance with law.

8. Before parting with this petition, I note, the respondent approached the Labour Court in the year 2009 under Section 10 of the Industrial Disputes Act, 1947. Thereafter, against the award, the petitioner filed the present petition. Thus, for the last five years, the respondent has been contesting the cases either before the Labour Court or before this Court.

9. Therefore, In the interest of justice, I direct the petitioner to pay an amount of Rs.20,000/- to the respondent towards litigation expenses. The

same is accepted by the petitioner which is to be paid within two weeks from today.

10. Accordingly, the present petition is partly allowed.

11. A copy of this order be given dasti to the learned counsel for the parties.

12. The Registry of this Court is directed to send a copy of this order to the concerned Labour Court.

CM No. 13975/2013 (for stay) With the disposal of the petition itself, the instant application has become infructuous. The same is accordingly disposed of.

SURESH KAIT (JUDGE) AUGUST 08, 2014 sb