Delhi High Court
Sanjay Bansal vs Sh. Munesh Kumar And Anr. on 8 November, 2021
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:10.11.2021 12:09:15
$~A-12 (2019)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 8th November, 2021
+ W.P.(C) 4177/2019 & CM APPL. 18798/2019
SANJAY BANSAL ..... Petitioner
Through: Mr. Rohit Singha, Advocate.
versus
SH. MUNESH KUMAR AND ANR. ..... Respondents
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
1. This hearing has been done through video conferencing.
2. None appears for the Respondent.
3. The present petition has been filed challenging the order dated 3rd
October 2016 passed by the authority under the Delhi Shops and
Establishments Act, 1954, North District, Labour Welfare Centre, Nimri
Colony, Delhi. By the impugned order, the authority has directed the
Petitioner to pay wages of Rs. 39,039/- along with a penalty/compensation
of Rs. 3,903/- to the Respondent- Claimant. The operative portion of the
order reads as under:
"That as discussed above, it is held that the
applicant is entitled to receive the above payment of due
earned wages under the Shops & Establishment Act, 1954.
Therefore, in exercise of powers conferred upon this
authority by Sub-Section 3 of Section 21 of the Act,
Respondent .Sh. Sanjay Bansal, Prop, of M/s. Indian
Travels Service, 780,Balliinaran,Chandni Chowk, Delhi-
110006 is hereby directed to pay the applicant his due
earned wages decided above i.e. Rs. 39,039/- alongwith
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:10.11.2021 12:09:15
penalty/ compensation of 10 % i.e. Rs.3,903/- for not
making the payment of earned wages to the applicant in
time, within 30 days from the date of this order under
intimation to this Authority failing which proceedings to
recover the same shall be initiated as per the provisions of
the law."
4. The brief background is that one Shri Munesh Kumar, who is the
Respondent No. 1 in this petition, filed a claim against the Petitioner who is
the proprietor of M/s Indian Travels Service Regd., 780, Ballimaran,
Chandni Chowk, Delhi-110006, on the ground that he had been working as a
field worker since 10th January, 1991 and his monthly wages amounting to
Rs. 10,000/-, per month, were not paid from 1st January 2016 to 15th April
2016. The said amount was Rs. 39,039/-, which was claimed to have not
been paid by the employer, leading to the filing of the said claim before the
authority.
5. Vide the impugned order dated 3rd October, 2016, the order extracted
above, directing the Petitioner herein to pay the said amount, along with
compensation, was passed by the authority. The said award is under
challenge in the present petition.
6. The submission of Mr. Rohit Singla, ld. Counsel appearing for the
Petitioner, is that the employee had also preferred proceedings under the
Industrial Disputes Act, 1947. However, finally, all the disputes were settled
vide settlement dated 7th October 2017, and a sum of Rs. 75,000/-, in terms
of the terms of the settlement, as recorded in the order, has been paid.
7. A perusal of the records show that mediation proceedings had taken
place between the employer and the employee, and the settlement that has
been entered into on 7th October 2017, has been recorded before the Delhi
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:10.11.2021 12:09:15
Mediation Centre at the Karkardooma Courts. The relevant paragraphs of
the settlement reads as under:
"The mediation process explained to the parties. Single
and joint sessions held with the parties. Now, the parties
have agreed to settle all their disputes qua the present
matter voluntarily and amicably on the following terms
and conditions:-
1. It is agreed between the parties that the
management shall pay a total sum of Rs. 75,000/- (Rs.
Seventy Five Thousand only) to the workman towards full
and final settlement of all his claims/ disputes/demands
arising out of the present matter including reinstatement,
reemployment, back wages, earned wages, leave
encashment, compensation, gratuity, bonus & any other
statutory dues, if any.
2. It is agreed between the parties that the payment of
the settled amount of Rs. 75,000/- shall be made by the
management to the workman in the court concerned on
17.10.2017 as per the following schedule:-
a) Rs. 50,000/- (Rs. Fifty Thousand only) shall be
paid in cash.
b) Rs. 25,000/- (Rs. Twenty Five Thousand only) shall be
paid by way of PDC dated 17.11.2017.
3. It is agreed between the parties that on
receipt/realization of the settled amount, in the manner
agreed herein above, the workman shall be left with no
claim/dues/dispute qua his employment against the
management & also in respect of above mentioned case
under section 21(5)(b) under The Shops and Establishment
Act 1954, and the same also be deemed to be settled by
virtue of this settlement and shall not raise any such claim
in future.
4. It is agreed between the parties that they have
reached the present settlement and signed the same
without there being any pressure, coercion or threat or
undue influence of any kind and after fully understanding
the contents of the same, which have been read over to
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:10.11.2021 12:09:15
them in vernacular dialect.
5. It is agreed between the parties that they undertake
to remain bound by the terms and conditions of this
settlement."
8. Pursuant to this settlement, the employee was handed over Rs.
50,000/- in cash and Rs. 25,000 by way of a post-dated cheque. The
statement of the employee, affirming the same had also been recorded on
17th October, 2017 by the Presiding Officer, Labour Court- XVI. The said
statement reads as under:
"I have settled the matter with both the managements
before Ld.Mediator on 07.10.2017 vide mediation
settlement Ex.CWI/A which bears my signatures at points
A and B. Pursuant to the said settlement, today I received
an amount of Rs.50,000/- by way of cash and an amount of
Rs.25,000/- by way of PDC dated 17.11.2017 bearing
no.978029 from the management. On receiving the total
amount of Rs.75,000/-, I am no more willing to proceed
with the present case pending before this court.
Accordingly my claim stands fully satisfied and. the same
may be disposed of as settled/compromised."
9. Pursuant to the above said statement which was also confirmed by the
employer's authorised signatory- Mr. Bansal, the compromise Award was
passed by the Labour Court on 17th October, 2017. The relevant portion of
the compromise award reads as under:
"5. In their statements workman as well as Manager of
management have stated that they have settled the matter
with the management before Ld. Mediator on 07.10.2017
vide mediation proceedings Ex.CW1/A bearing their
signatures. Pursuant to the settlement workman has
received an amount of Rs. 50,000/- by way of cash and an
amount of Rs. 25,000/- by way of PDC dated 17.1.2017
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:10.11.2021 12:09:15
bearing no. 978029 from the management. On receiving
the total amount of Rs. 75,000/- workman submits that he
is no more willing to proceed further with the present
case."
10. The cheque of Rs. 25,000/- however bounced and thereafter, a sum of
Rs. 25,000/- was given in cash to the employee, qua which, a receipt has
been issued and placed on record at Page 58.
11. Thus, as per the settlement, both the claims under the Delhi Shops and
Establishments Act, 1954, as also the Industrial Disputes Act, 1947 have
been settled by the employee, and the amounts in respect thereof, have
already been received.
12. Under these circumstances, since there has been a settlement of the
dispute, the impugned order stands satisfied, and no further recovery can be
initiated by the employee pursuant to the impugned order. It is made clear
that the disputes have been resolved fully and finally, and there shall be no
outstanding claim by the employee or the employer under the Delhi Shops
and Establishments Act, 1954 or the ID Act.
13. The present petition and all pending applications stand disposed of in
the above terms.
PRATHIBA M. SINGH, J.
NOVEMBER 8, 2021/Aman/Ak
