Punjab-Haryana High Court
M/S Samco Machinery India Pvt. Ltd vs Presiding Officer,Industrial ... on 15 December, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
233
CWP No.23245 of 2022
DATE OF DECISION :; 15" DECEMBER, 2022
M/s. Samco Machinery India Private Limited, Village Tatarpur,
Jatola Road, Palwal through its authorized representative Mr.
Kamal Singh Katal, Plant Manager
.... Petitioner
Versus
Presiding Officer, Industrial Tribunal-cum-Labour Court-III,
Faridabad & another
.... Respondents
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
OK Ok 3K
Present: | Mr. Bhisham Kumar Majoka, Advocate for the petitioner.
Mr. A.P. Bhandari, Advocate for respondents No.2.
3K OK OK
RAJBIR SEHRAWAT, J. (Oral)
The petitioner has filed this petition under Articles 226/227
of the Constitution of India, for issuance of a writ in the nature of
certiorari for quashing the ex parte award dated 20.02.2020 (Annexure P-
7) passed by respondent No.1 whereby respondent No.2 is held entitled
to reinstatement in service with 50% back wages and further for quashing
ex parte order dated 06.02.2020 (Annexure P-5) and order 30.09.2021;
along with certain other prayers.
On the previous date the parties had expressed their
intention to settle the dispute. The counsel for the petitioner, on
instructions from Mr. Pawan Kumar Sharma, Head, Accounts/Finance,
has submitted that the petitioner-employer is ready to pay a lump sum
amount of €6,00,000/- (Rupees six lacs) in lieu of settlement of all claims
of the respondent-workman. However, the respondent-workman shall
not be entitled to any other claim/benefit from the petitioner in lieu of his
service rendered with the petitioner.
RAJ KUMAR
2022.12.16 16:31
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integrity of this document/judgment
RAJ KUMAR
2022.12.16 16:31
CWP No.23245 of 2022
The counsel for the respondent-workman, on instructions
from the workman, has submitted that the workman is agreed to the
aforesaid proposal made by the petitioner. However, he has submitted
that the petitioner-employer be directed to make the payment within a
time bound frame and through two cheques of ¥3,00,000/- (Rupees three
lacs) each. Still further, the counsel for the respondent-workman has
submitted that the payment of provident fund of respondent-workman
may be outstanding. Therefore, the petitioner be also directed to verify
the application/form of the respondent-workman for release of the
amount of provident fund, if any.
In view of the above, the award passed by the Labour Court
is modified and respondent-workman is held entitled to a compensation
of ~6,00,000/- (Rupees six lacs) in lieu of all his claims against the
petitioner-employer; except provident fund claim. The above said
amount of Rupees six lacs is ordered to be paid by the petitioner-
employer to the respondent-workman within a period of four weeks from
today by way of two cheques of €3,00,000/- (Rupees three lacs) each; in
the name of the respondent-workman.
It is further ordered that in case the respondent-workman
approaches the petitioner for verification of some form/application for
the purpose of release of his provident fund, if any, then the petitioner
shall verify the same within a period of two weeks from the date of its
presentation to the petitioner.
The petition stand disposed of in the above said terms.
15" DECEMBER, 2022 (RAJBIR SEHRAWAT)
'raj' JUDGE
Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
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integrity of this document/judgment
