Delhi High Court
Kundan Kumar vs Resource Data Management Pvt Ltd & Ors. on 22 April, 2025
$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22nd April, 2025
+ CM(M) 719/2025 & CM APPL. 23284/2025
KUNDAN KUMAR
.....Petitioner
Through: Mr. Bharat Malhotra, DHCLSC.
versus
RESOURCE DATA MANAGEMENT PVT LTD & ORS.
.....Respondent
Through: Ms. Praveena Gautam with Mr. Pawan
Shukla and Ms. Tissy A Thomas,
Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. The prayer in the present petition is very limited.
2. Deputy Labour Commissioner, GNCTD, while exercising power under
Section 10(1)(c) and Section 12(5) of Industrial Disputes Act, 1947, sent
reference to the concerned Labour Court for adjudication.
3. The reference was registered in the year 2015 and an Award was,
eventually, passed by the concerned learned Labour Court on 02.11.2019.
4. As per Award, the petitioner has been held entitled to relief of
reinstatement with full back wages along with continuity of services and all
consequential benefits. He has also been held entitled to a compensation of
Rs. 5,00,000/- towards harassment, illegal termination and legal cost. There is
also direction to the Management to pay interest @ 9% per annum, if the
Award is not given effect to, within 30 days of its communication.
5. As per the petitioner, the Award has already attained finality as it was
never challenged by the Management.
6. According to Mr. Malhotra, learned counsel for petitioner, there is no
reinstatement of the petitioner and moreover, as per the rough calculation
made by the Nazir of Court, the Management is required to pay a sum of Rs.
1.5 Crores approx to the claimant/decree-holder.
7. It is submitted that the Execution Petition was filed in the year 2021
and there is no much headway so far and the Management is only interested in
delaying the implementation of Award and its execution, on one pretext or the
other.
8. Mr. Malhotra, learned counsel for petitioner also submits that during
the pendency of the execution petition, the decree holder had even filed an
application seeking compensation of Rs. 5,00,000/- but even such application
has yet not been decide by this Court.
9. The request in the present petition is, merely, to the effect that the
learned Executing Court i.e. Court of leaned ADJ-05, South-East District,
Saket Court, New Delhi may be requested to dispose of and adjudicate the
abovesaid Execution Petition, expeditiously.
10. It is also submitted that in view of the recent judgment given by the
Hon'ble Supreme Court in Periyammal (Dead) through Lrs and Others vs. V
Rajamani and Another: 2025 SCC OnLine SC 507, even otherwise, such
execution needs to be fast-tracked and has to be disposed of within six
months.
11. The next date before the learned Executing Court is stated to be
06.05.2025.
12. Learned counsel for respondent appears on advance notice and submits
that the Management has no intention to delay or prolong the matter and
would rather come up with some concrete proposal with respect to the amount
actually payable to the decree-holder and such proposal would be placed
before the learned Executing Court on 06.05.2025.
13. Keeping in mind the overall facts and the facts that the Award is of the
year 2019 and the Execution Petition was filed in the year 2021, the present
petition is disposed of with request to the learned Executing Court to make
best endeavor to dispose of the abovesaid Execution Petition in terms of
directions contained in Periyammal (Dead) through Lrs and Others (supra).
14. Petition stands disposed of in aforesaid terms.
15. The pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
APRIL 22, 2025/sw/JS
