Syndicate Bank vs Sunil Kumar Sharma
2019 Latest Caselaw 2135 Del

$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                      Date of Decision: 23rd April, 2019

+      W.P.(C) 11459/2016 & CM No.44934/2016


       SYNDICATE BANK                                   ..... Petitioner
                    Through:           Mr. Rajesh Mehndru and Mr.
                                       Manmohan Singh, Advocates.

                              versus

       SUNIL KUMAR SHARMA                                ..... Respondent
                    Through:           Mr. Anuj Aggarwal and Mr. Deepak
                                       Sinha, Advocates.

       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA
                              JUDGEMENT (ORAL)

1. The petitioner has challenged the award of the Industrial Tribunal whereby compensation of Rs.50,000/- has been awarded to the respondent.

2. The petitioner terminated the respondent who raised an industrial dispute which was referred to the Industrial Tribunal. The petitioner contested the industrial dispute on the ground that the respondent was not appointed to any post but he was engaged for only 1 hour to 2 hours job. It was further pleaded that the respondent did not complete 240 days and was not entitled to any relief.

3. The Labour Court held that termination of respondent was not legal and retrenchment compensation of Rs.50,000/- was awarded to the

respondent.

4. Learned counsel for the petitioner submits that there was no relationship of employer and employee between the parties.

5. This Court is not inclined to entertain the writ jurisdiction in this matter considering the nominal amount of Rs.50,000/- awarded by the Industrial Tribunal to the respondent. That apart, there is no infirmity in the findings of the Industrial Tribunal.

6. The writ petition is dismissed. Learned counsel for the petitioner submits that this judgment should not be treated as precedent to which the respondent has no objection. This judgment shall not be treated as precedent. Pending application is disposed of.

7. The petitioner has deposited Rs.50,000/- with the Registrar General of this Court in terms of the order dated 05th December, 2016. The Registrar General is directed to release the said amount along with interest accrued thereon to the respondent within three weeks from today.

8. Copy of this judgment be given dasti to counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

APRIL 23, 2019 ak