Tara Kochhar Batra vs Asstt. Collector & Ors
2014 Latest Caselaw 5978 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          Judgment delivered on 19th November, 2014.

+                         W.P.(C) 3708/2012

       TARA KOCHHAR BATRA                                 ..... Petitioner
                          Represented by:    Mr.Gulshan Chawla with Ms.
                                             Prity, Advs.

                          versus

       ASSTT. COLLECTOR & ORS                            ..... Respondents

Represented by: Mr.Rajat Sharma, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J (ORAL)

1. Vide the present petition, the petitioner has challenged the recovery

order dated 25.05.2012 issued by Assistant Collector and order dated

02.05.2012 passed by respondent No.2/Deputy Labour Commissioner.

2. Pursuance to order dated 22.08.2014, learned counsel appearing on

behalf of the petitioner submits that the petitioner/Establishment is ready to

take the respondent/workmen in service and the period for which they

remained out of service shall be counted in service, however, without wages.

3. Initially, 43 workmen raised the industrial dispute out of which 21

workmen have already settled their dispute with the petitioner. The counsel

appearing on behalf of remaining 22 workmen, on instructions, submits that

he has no objection to the statement made by the learned counsel for the

petitioner.

4. As stated by learned counsel for the petitioner, the respondents are at

liberty to resume their duties on i.e. 24.11.2014.

5. Keeping in view the facts and circumstances of the case since the

respondent remained out of service during this period, therefore, I direct the

Registry of this Court to release Rs.10,000/- each in favour of the 22

respondents/workmen and the remaining amount deposited by the petitioner

pursuance to the order dated 13.06.2012 be released in favour of the

petitioner with accrued interest, if any.

6. Learned counsel for the petitioner has accepted the abovementioned

terms and conditions.

7. In view of the above, the petition stands disposed of being settled

between the parties.

SURESH KAIT, J NOVEMBER 19, 2014 mr