Har Kishore Sharma vs The Mgmt. Of G.F.R. Co.P.Ltd. ...
2019 Latest Caselaw 3434 Del

$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI


%                                       Date of Decision: 25th July, 2019

+      W.P.(C) 7721/2007

       HAR KISHORE SHARMA                               ..... Petitioner
                    Through:           Mr.Narender Malawalia, Mr.Rikin
                                       Aswal, Advocates

                          versus

       THE MGMT. OF G.F.R. CO.P.LTD.
       (IMPERIAL CABLE)                                    ..... Respondent
                     Through: None

       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                           JUDGMENT (ORAL)

1. The petitioner has challenged the award of the Labour Court whereby compensation of Rs.50,000/- has been awarded to him.

2. The petitioner joined the respondent as an Operator in 1987 and he was terminated on 30th April, 1998. The petitioner raised an industrial dispute which was referred to the Labour Court.

3. The Labour Court held the termination to be illegal. The Labour Court awarded compensation of Rs.50,000/- to the petitioner in lieu of reinstatement.

4. Learned counsel for the petitioner urged at the time of the hearing that the compensation awarded is grossly inadequate. It is submitted that the

petitioner worked with the respondent for more than ten years. Learned counsel for the petitioner seeks enhancement of compensation to Rs.7.5 lakhs. Reliance is placed on Ashok Kumar v. M/s.Hindustan Vegetable Oil Co. in W.P.(C)12666/2004 decided on 27th July, 2017.

5. There is no appearance on behalf of the respondent despite the matter having been passed over. It is 4.00 P.M. The Managing Director of the respondent was directed to remain present today. The Managing Director of the respondent is not present.

6. This Court is satisfied that the compensation awarded by the Labour Court is inadequate. Considering the length of service of the petitioner and other relevant factors, the compensation awarded by the Labour Court is enhanced from Rs.50,000/- to Rs.4 lakhs.

7. The respondent is directed to pay the enhanced compensation amount within 30 days failing which the respondent shall be liable to pay interest @ 9% per annum.

8. This writ petition is allowed in the above terms.

9. Copy of this judgment be sent to the respondent.

10. Copy of this judgment be given dasti to counsel for the petitioner under the signature of the Court Master.

J.R. MIDHA, J.

JULY 25, 2019 dk