Punjab-Haryana High Court
Suresh Kumar vs The Presiding Officer Labour Court & Anr on 22 November, 2024
Neutral Citation No:=2024:PHHC:154061
CWP-27447-2016 1
and connected cases.
206 (28)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-27447-2016
Date of decision: 22.11.2024
SURESH KUMAR ....PETITIONER
Vs.
THE PRESIDING OFFICER LABOUR COURT & ANR
.....RESPONDENTS
Sr. Case Nos. Name of parties
Nos.
2. CWP-27448-2016 JASBIR SINGH V/S THE PRESIDING OFFICER
LABOUR COURT & ANR
3. CWP-27449-2016 ASLAM V/S THE PRESIDING OFFICER LABOUR
COURT & ANR
4. CWP-27450-2016 JASBIR SINGH RATHEE V/S THE PRESIDING
OFFICER LABOUR COURT AND ANR
5. CWP-27451-2016 AJAIB SINGH V/S THE PRESIDING OFFICER
LABOUR COURT AND ANR
6. CWP-27452-2016 HARBANS SINGH V/S THE PRESIDING OFFICER
LABOUR COURT AND ANR
7. CWP-27453-2016 BALWINDER SINGH V/S THE PRESIDING
OFFICER LABOUR COURT AND ANR
8. CWP-27454-2016 DALJIT SINGH V/S THE PRESIDING OFFICER
LABOUR COURT AND ANR
9. CWP-27455-2016 BALRAJ SINGH V/S THE PRESIDING OFFICER
LABOUR COURT AND ANR
10. CWP-27456-2016 GURMAIL SINGH V/S THE PRESIDING OFFICER
LABOUR COURT AND ANR
11. CWP-27457-2016 SUKHBIR SINGH V/S THE PRESIDING OFFICER,
LABOUR COURT & ANR.
12. CWP-27458-2016 PARKASH CHAND V/S THE PRESIDING
OFFICER, LABOUR COURT & ANR.
13. CWP-27459-2016 SOM NATH V/S THE PRESIDING OFFICER,
LABOUR COURT & ANR.
14. CWP-27460-2016 KRISHAN LAL V/S THE PRESIDING OFFICER,
LABOUR COURT & ANR.
15. CWP-27461-2016 YASH PAUL V/S THE PRESIDING OFFICER,
LABOUR COURT & ANR.
16. CWP-27462-2016 KULDEEP SINGH V/S THE PRESIDING OFFICER
LABOUR COURT & ANR.
17. CWP-27463-2016 SARAB SINGH V/S THE PRESIDING OFFICER
LABOUR COURT & ANR.
18. CWP-27464-2016 MALKIT SINGH V/S THE PRESIDING OFFICER
LABOUR COURT & ANR
19. CWP-27465-2016 SANJAY KUMAR V/S THE PRESIDING OFFICER,
LABOUR COURT & ANR
20. CWP-27466-2016 LABH SINGH V/S THE PRESIDING OFFICER,
LABOUR COURT & ANR
21. CWP-27467-2016 RAM NATH V/S THE PRESIDING OFFICER,
LABOUR COURT & ANR
22. CWP-27468-2016 NEK RAJ V/S THE PRESIDING OFFICER,
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Neutral Citation No:=2024:PHHC:154061
CWP-27447-2016 2
and connected cases.
LABOUR COURT & ANR
23. CWP-27469-2016 RAM SINGH V/S THE PRESIDING OFFICER,
LABOUR COURT & ANR
24. CWP-9507-2017 HARJEET KAUR AND ANR V/S THE PRESIDING
OFFICER, LABOUR COURT & ANR
25. CWP-9508-2017 SANTOSH KUMARI AND ORS V/S THE
PRESIDING OFFICER, LABOUR COURT & ANR
26. CWP-9509-2017 SUSHMA RANI AND ANR V/S THE PRESIDING
OFFICER LABOUR COURT & ANR
27. CWP-9510-2017 KASHMIRI LAL V/S THE PRESIDING
OFFICER,LABOUR COURT & ANR
28. CWP-9511-2017 RANBIR SINGH V/S THE PRESIDING OFFICER,
LABOUR COURT & ANR
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Jasmeet Singh Bedi, Advocate
for the petitioner(s).
Mr. Inderpal Singh, Advocate
for respondent No.2.
****
JAGMOHAN BANSAL, J. (Oral)
1. By this common order, the above-noted petitions are hereby
adjudicated as issues involved and prayer sought in all the petitions are
common. For the sake of convenience and with the consent of parties, the
facts are borrowed from CWP-27447-2016.
2. The petitioner through instant petition under Articles
226/227 of the Constitution of India is seeking setting aside of Award
dated 04.12.2009 (Annexure P-3) whereby Labour Court has answered
the reference against him.
3. On 08.12.1996, petitioner joined respondent No.2 as Water
man. A dispute erupted between workers and Management. The Union
protested against the Management which led to closure of doors for the
protesting workers. A settlement was arrived at between the parties.
Nevertheless, the petitioner came to be terminated. The matter came up
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Neutral Citation No:=2024:PHHC:154061
and connected cases.
for consideration before Labour Court which vide Award dated
23.02.2007 rejected claim of the petitioner. The Award dated 23.02.2007
came to be set aside by this Court vide order dated 01.05.2008 passed in
CWP No.2736 of 2008 titled as 'Suresh Kumar Vs. Presiding Officer,
Labour Court Ambala and another'. The matter was remanded back to
Labour Court to pass afresh order. The Labour Court again vide
impugned Award dated 04.12.2009 rejected claim of the petitioner.
4. It was not the petitioner alone who was contesting against
Management whereas there were a number of workers who were before
the Labour Court. Many workers after passing of Award by Labour Court
approached this Court. This Court by order dated 28.10.2015 adjudicated
a bunch of 24 writ petitions. The Court did not order to reinstate the
workers, however, ordered the Management to pay a sum of Rs.10 lakh
to each worker. The Management preferred Intra Court Appeal which
came to be dismissed vide order dated 17.10.2016 by a Division Bench of
this Court.
5. The petitioner after dismissal of aforesaid Intra Court Appeal
preferred instant petition before this Court. The petitioner is claiming
same relief as was granted by this Court vide order dated 28.10.2015 to
similarly situated workers.
6. Mr. Inderpal Singh, Advocate for respondent No.2 does not
dispute the fact that case of the petitioner is squarely covered by
judgment dated 28.10.2015 passed by this Court, however, submits that
petitioner is a fence sitter and it is a settled proposition of law that a fence
sitter cannot be granted relief as granted to similarly situated litigants.
The petitioner is indubitably similarly situated, however, he has
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and connected cases.
approached this Court after the expiry of more than 6 years even from the
date of publication of Award.
7. On the asking of Court, Mr. Inderpal Singh, Advocate sought
instructions from Management and submitted that Management is ready
and willing to pay a sum of Rs.6.5 lakh to each workman instead of Rs.10
lakh as awarded by this Court to other workers.
8. Mr. Jasmeet Singh Bedi, Advocate agrees to offer made by
Management.
9. In view of statement of both sides, all the petitions stand
disposed of with a direction to respondent to pay a sum of Rs.6.5 lakh to
each workman within 4 months from today. If the respondent fails to pay
aforesaid amount within 4 months, it would be liable to pay interest @
6% per annum.
( JAGMOHAN BANSAL )
JUDGE
22.11.2024
Ali
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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