Csir Indian Institute Of ... vs Vijay Kumar Sharma & Anr
2019 Latest Caselaw 5193 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                               Date of Decision :- 23.10.2019

+      W.P.(C) 11305/2019 & C.M. Nos.46550/2019 & 46551/2019

       CSIR INDIAN INSTITUTE OF PETROLEUM THEOUGH
       DIRECTOR                                  ..... Petitioner
                      Through: Mr. Bhuvnesh Satija and Mr. A.
                      Tiwari, Advs.

                           versus

       VIJAY KUMAR SHARMA & ANR                 ..... Respondents
                    Through: Mr. Neeraj, Mr. Sahaj Garg, and
                    Mr.Jasmeet Singh, CGSC for R2.

       CORAM:
       HON'BLE MS. JUSTICE REKHA PALLI

       REKHA PALLI, J (ORAL)

       C.M. No.46551/2019 (for exemption)
       1.    Exemption granted subject to all just exceptions.
       2.    The application is disposed of.

       W.P.(C) 11305/2019 & C.M. No.46550/2019 (stay)
       3.    The present writ petition by the Management assails the Award
       dated 06.04.2016 passed the learned Labour Court-II, Karkardooma
       Courts, Delhi in ID No.54/2009. Under the impugned Award the
       Labour Court, after holding that the respondent's services were




    WP (C) No.11305/2019                                     Page 1 of 3
  terminated without paying him any retrenchment compensation, has
 directed the petitioner to pay him a lump sum compensation of
 Rs.50,000/-.
 4.      At the outset, it is noted that the impugned Award is sought to
 be assailed by the petitioner after more than 3½ years and no
 explanation whatsoever for this inordinate delay has been given in the
 writ petition. During arguments, learned counsel for the petitioner has
 handed over a copy of the letter dated 02.07.2018 claimed to have
 been received by the petitioner from the labour court only on
 14.08.2018, whereby it was intimated of the Award being passed. A
 copy of the letter dated 02.07.2018 is taken on record. By placing
 reliance on this letter, he submits that since the petitioner came to
 learn about the impugned Award only on 14.08.2018, the delay in
 approaching this Court should be considered only w.e.f. 14.08.2018
 and not from the date of the impugned Award.
 5.      In my view the explanation sought to be advanced by the
 petitioner does not offer a justifiable reason for this inordinate delay,
 especially when seen in the light of the fact that the petitioner was a
 party to the proceedings before the Labour Court. Even otherwise the
 Labour Court has, in the impugned Award, comprehensively dealt
 with the arguments, pleadings and evidence placed on record by both
 the parties before deciding in favour of the respondent workman and
 awarding him a compensation of only a sum of Rs.50,000/-, which
 amount cannot, in any manner, be deemed as an exorbitant liability
 upon the petitioner organisation. In the light of the aforesaid, I find
 that no sufficient ground has been made out to condone the inordinate



WP (C) No.11305/2019                                     Page 2 of 3
  delay of 3 ½ years occasioned by the petitioner in instituting the
 present petition.
 6.      In these circumstances, I find no reason to exercise my writ
 jurisdiction under Article 227 of the Constitution of India in the
 present petition to interfere with the impugned Award.
 7.      The writ petition, along with the pending application, is
 dismissed on the ground of delay and laches itself, without expressing
 any opinion on the merits of the Award.




                                                  REKHA PALLI, J.

OCTOBER 23, 2019 'SDP'