Delhi High Court
Officer Commanding vs Hari Shankar on 1 June, 2018
$~15 to 18 and 21 to 23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01st June, 2018
+ W.P.(C) 2069/2015 & CM No.3731/2015 & 3221/2016
15 OFFICER COMMANDING ..... Petitioner
Through: Mr. Kirtiman Singh, CGSC,
Mr. Waize Ali Noor, Mr.
Prateek Dhanda, Adv. with
Capt. Juhi, Officer
Commanding.
Mr. Jitender Kumar, Deputy
Director, MOD.
versus
HARI SHANKAR ..... Respondent
Through: Mr. Arun Birbal and Mr. Ajay
Birbal, Advs.
+ W.P.(C) 2071/2015 & CM No.3735/2015 & 3220/2016
16 THE OFFICER COMMANDING ..... Petitioner
Through: Mr. Kirtiman Singh, CGSC,
Mr. Waize Ali Noor, Mr.
Prateek Dhanda, Adv. with
Capt. Juhi, Officer
Commanding.
Mr. Jitender Kumar, Deputy
Director, MOD.
versus
MEWA LAL ..... Respondent
Through: Mr. Arun Birbal and Mr. Ajay
Birbal, Advs.
+ W.P.(C) 2081/2015 & CM No.3744/2015 & 3222/2016
W.P.(C) 2069/2015, 2071/2015, 2081/2015, 6624/2015
W.P.(C) 6625/2015, 6626/2015 & 6637/2015 Page 1 of 6
17 THE OFFICER COMMANDING ..... Petitioner
Through: Mr. Kirtiman Singh, CGSC,
Mr. Waize Ali Noor, Mr.
Prateek Dhanda, Adv. with
Capt. Juhi, Officer
Commanding.
Mr. Jitender Kumar, Deputy
Director, MOD.
versus
JAI GOVIND ..... Respondent
Through: Mr. Arun Birbal and Mr. Ajay
Birbal, Advs.
+ W.P.(C) 6624/2015 & CM No.12085/2015
18 THE OFFICER COMMANDING ..... Petitioner
Through: Mr. Kirtiman Singh, CGSC,
Mr. Waize Ali Noor, Mr.
Prateek Dhanda, Adv. with
Capt. Juhi, Officer
Commanding.
Mr. Jitender Kumar, Deputy
Director, MOD.
versus
CHANDRIKA ..... Respondent
Through: Mr. Arun Birbal and Mr. Ajay
Birbal, Advs.
+ W.P.(C) 6625/2015
21 THE OFFICER COMMANDING ..... Petitioner
Through: Mr. Kirtiman Singh, CGSC,
Mr. Waize Ali Noor, Mr.
Prateek Dhanda, Adv. with
Capt. Juhi, Officer
Commanding.
Mr. Jitender Kumar, Deputy
Director, MOD.
W.P.(C) 2069/2015, 2071/2015, 2081/2015, 6624/2015
W.P.(C) 6625/2015, 6626/2015 & 6637/2015 Page 2 of 6
versus
RAM ADHAR YADAV ..... Respondent
Through: Mr. Arun Birbal and Mr. Ajay
Birbal, Advs.
+ W.P.(C) 6626/2015 & CM No.12089/2015
22 THE OFFICER COMMANDING ..... Petitioner
Through: Mr. Kirtiman Singh, CGSC,
Mr. Waize Ali Noor, Mr.
Prateek Dhanda, Adv. with
Capt. Juhi, Officer
Commanding.
Mr. Jitender Kumar, Deputy
Director, MOD.
versus
SANT RAM SAROJ ..... Respondent
Through: Mr. Arun Birbal and Mr. Ajay
Birbal, Advs.
+ W.P.(C) 6637/2015 & CM No.12107/2015
23 THE OFFICER COMMANDING ..... Petitioner
Through: Mr. Kirtiman Singh, CGSC,
Mr. Waize Ali Noor, Mr.
Prateek Dhanda, Adv. with
Capt. Juhi, Officer
Commanding.
Mr. Jitender Kumar, Deputy
Director, MOD.
versus
HAR GOVIND ..... Respondent
Through: Mr. Arun Birbal and Mr. Ajay
Birbal, Advs.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
W.P.(C) 2069/2015, 2071/2015, 2081/2015, 6624/2015
W.P.(C) 6625/2015, 6626/2015 & 6637/2015 Page 3 of 6
JUDGMENT
1. The petitioner has challenged seven awards whereby the Central
Government Industrial Tribunal has awarded compensation of
Rs.30,000/- to the five workmen and Rs.75,000/- to the two workmen
in lieu of reinstatement apart from the litigation cost of Rs.25,000/- to
each of the workmen.
2. The respondents worked with the petitioner as casual labour in
their godown/storage/watchman/kitchen and their services were
dispensed with on 31st October, 1997 whereupon the respondents
raised an industrial dispute claiming reinstatement with backwages.
The respondents claim to have worked with the petitioner for more
than ten years and have completed continuous service of 240 days in a
calendar year whereas according to the petitioner, the respondents
worked for the period 7 to 14 years as per the details given and they
had not completed continuous service of 240 days in a calendar year.
3. The Industrial Tribunal held that the respondents had completed
continuous service of 240 days. The Tribunal further held the
termination of the service of the respondents to be illegal. However,
the learned Tribunal declined the relief of reinstatement and awarded
compensation and litigation cost in lieu thereof.
4. The respondents seek reinstatement with back wages. Without
prejudice, it is submitted that the reasonable compensation in lieu of
the reinstatement and legal cost be awarded to the respondents.
5. This Court is of the view that there is no infirmity in the
findings of the Industrial Tribunal holding the termination to be illegal
W.P.(C) 2069/2015, 2071/2015, 2081/2015, 6624/2015
and awarding compensation in lieu of reinstatement. However, the
compensation awarded by the Claims Tribunal is grossly inadequate.
This Court is of the view that compensation of Rs.2,00,000/- in lieu of
reinstatement apart from legal cost awarded by the Industrial Tribunal
would be fair and reasonable, which is acceptable to the respondents.
6. Vide order dated 18th December, 2017, this Court directed the
petitioner to seek appropriate instructions in the matter.
7. Mr. Kirtiman Singh, learned Standing Counsel for Central
Government submits that the department has agreed in principle to pay
Rs.2,00,000/- in lieu of reinstatement to the respondents. It is further
submitted that these cases should not be treated as precedent and the
questions of law raised by the petitioner in these petitions be left open.
8. In the peculiar facts and circumstances of this case, the
compensation of Rs.2,00,000/- in lieu of reinstatement is awarded to
each of the seven respondents namely Hari Shankar, Mewa Lal, Jai
Govind, Chandrika, Ram Adhar Yadav, Sant Ram Saroj and Har
Govind apart from the legal cost of Rs.25,000/- awarded by the
Industrial Tribunal to each of the respondents.
9. The Writ Petitions are disposed of in the above terms. However,
questions of law raised by the petitioner are left open and these cases
shall not be treated as a precedent.
10. Mr. Kirtiman Singh, learned Standing Counsel for Central
Government submits that the amount awarded by the Industrial
Tribunal has already been deposited with the Registrar General of this
Court in terms of order dated 28th September, 2015. The petitioner is
directed to deposit the balance amount in terms of this judgment as
W.P.(C) 2069/2015, 2071/2015, 2081/2015, 6624/2015
well as cost awarded by the Industrial Tribunal (Rs.2,00,000 as
compensation plus Rs.25,000/- towards legal cost, minus the amount
already deposited) with the Registrar General of this Court within six
weeks from today.
11. Upon the aforesaid being made, the Registrar General shall
release the amount mentioned above to the respondents within four
weeks thereafter.
12. This Court appreciates the assistance rendered by Mr. Kirtiman
Singh, learned Standing Counsel for Central Government and Mr.
Arun Birbal, learned counsel for the respondents in these matter.
13. Copy of this judgement be given dasti to counsels for the parties
under signature of Court Master.
J.R. MIDHA, J.
JUNE 01, 2018
ak
W.P.(C) 2069/2015, 2071/2015, 2081/2015, 6624/2015
