Delhi High Court
Super Engineering Works vs Ishwar Singh on 5 August, 2019
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 05th August, 2019
+ W.P.(C) 6003/2008
SUPER ENGINEERING WORKS ..... Petitioner
Through: Mr. D.R. Bhatia, Advocate.
versus
ISHWAR SINGH ..... Respondent
Through: Ms. Arati Mahajan, Mr. Vidur
Dwivedi and Ms. Swati Singh,
Advocates.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The petitioner has challenged the award of the Labour Court whereby
Labour Court awarded compensation of Rs.2,70,000/- along with interest
@18% per annum from the date of filing of the claim and the litigation cost
of Rs.10,000/-.
2. Learned counsel for the petitioner urged at the time of hearing that the
respondent claims to have worked with the petitioner for a period of less
than two years and he was drawing a salary of Rs.3,200/- per month, which
is more than the minimum wages at the relevant time. It is submitted that the
amount awarded by the Labour Court is on a higher side. It is further
submitted that the interest of 18% from the date of filing of the writ petition
is also unjustified.
3. Learned counsel for the respondent urged at the time of hearing that
the compensation as well as interest awarded by the Labour Court is fair and
reasonable. It is submitted that the respondent is entitled to back wages as
well as compensation.
4. After taking into consideration all the relevant factors, this Court is of
the view that the compensation as well as the interest awarded by the Labour
Court are on a higher side.
5. This Court is of the view that Rs.2,00,000/- along with interest @ 9%
from the date of the award is a fair compensation.
6. The writ petition is allowed and the compensation awarded by the
Labour Court is reduced from Rs.2,70,000/- to Rs.2,00,000/- along with
interest @ 9% per annum from the date of the award i.e. 30 th April, 2008 till
realization. The respondent shall be entitled to litigation cost of Rs.10,000/-
as awarded by the Labour Court.
7. The petitioner has deposited Rs.1,25,000/- with the Registrar General
of this Court in terms of the order dated 20 th August, 2008. Out of the
amount deposited by the petitioner, a sum of Rs.1,25,000/- was released to
the respondent in terms of the order dated 11th February, 2011. The balance
amount with the Registrar General of this Court be released to the
respondent within two weeks.
8. The petitioner is directed to deposit the balance amount along with up
to date interest with the Registrar General of this Court within four weeks.
The amount already deposited by the petitioner shall be first adjusted
towards the interest in terms of the Order XXI Rule 1 of the Code of Civil
Procedure and thereafter towards the principal. Reference is made to the
judgment of this Court in Brijesh Kumar Verma v. Aurangjeb, FAO
345/2016 decided on 24th May, 2017 in which this Court following the
principles laid down in Gurpreet Singh v. Union of India, (2006) 8 SCC
457 and Bharat Heavy Electricals Ltd. v. R.S. Avtar Singh, (2013) 1 SCC
243 held that the amount deposited by the judgement debtor shall be first
adjusted towards interest and thereafter, towards the principal. The Accounts
Officer of this Court shall compute the balance amount payable by the
petitioner.
9. Learned counsel for the petitioner submits that the respondent be
directed to return original educational certificates deposited by him with the
petitioner. The petitioner present in Court along with his counsel submits
that he does not have any certificate whether the original or photocopy. In
that view of the matter, no direction is warranted by this Court.
10. List for directions on 2nd September, 2019.
11. Copy of this judgment be given dasti to learned counsel for the parties
under signature of Court Master.
J.R. MIDHA, J.
AUGUST 05, 2019
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