M/S Escorts Employees Ancillaries Ltd vs The Polc Faridabad-Ii
2024 Latest Caselaw 19009 P&H

Punjab-Haryana High Court

M/S Escorts Employees Ancillaries Ltd vs The Polc Faridabad-Ii on 28 October, 2024

                                      Neutral Citation No:=2024:PHHC:141376




      IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH

104+214                                       CWP-10724-2004 (O&M)
                                              Date of decision: 28.10.2024

M/S ESCORTS EMPLOYEES ANCILLARIES LTD.
                                                          ....PETITIONER
                               Vs.
THE PRESIDING OFFICER LABOUR COURT-II FARIDABAD AND
ANOTHER
                                       ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:    Mr. Ashwani Bakshi, Advocate
            for the petitioner

            Mr. Vineet Chaudhary, Advocate
            for respondent No. 2.

                  ****

JAGMOHAN BANSAL, J (ORAL)

1. The petitioner through instant petition under Articles 226/227 of the

Constitution of India is seeking setting aside of Award dated 24.03.2004

(Annexure P-7) and interim Award dated 23.03.1996 (Annexure P-2).

2. The Labour Court by impugned Award dated 24.03.2024 has

awarded lump sum compensation of Rs. 6,00,000/- to the worklady. The said

compensation has been awarded in lieu of back wages and reinstatement.

3. By interim Award, the Labour Court had ordered to pay back

wages. The matter remained pending before Labour Court for quite a long time.

Resultantly, petitioner had to pay Rs. 2,22,500/- towards back wages. The

Labour Court has ordered to adjust said amount in the lump-sum compensation.

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                                         Neutral Citation No:=2024:PHHC:141376




CWP-10724-2004 (O&M)                     -2-

4. Mr. Ashwani Bakshi, Advocate submits that Labour Court has

recorded findings in favour of petitioner still lump sum compensation has been

awarded.

5. From the perusal of impugned order, it comes out that Labour Court

has passed a very detailed and reasoned order. It has considered each and every

aspect of the inquiry as well as conduct of parties.

The Labour Court considering length of service, back wages, age of

respondent No. 2, balance service, unemployment of respondent No. 2 and her

future prospects has awarded compensation of Rs. 6,00,000/-. The said order

was passed in 2004 and on account of stay, the petitioner has not paid said

amount to respondent No. 2.

6. Keeping in mind, paras 50-52 judgment of Supreme Court in

'Central Council for Research in Ayurvedic Sciences Vs. Bikartan Das and

others 2023 SCC OnLine SC 996' and efflux of time, I do not find it appropriate

to interfere with impugned order and invoke writ jurisdiction of this Court.

7. The petitioner shall pay sum awarded by Labour Court within 2

months from today.

8. Dismissed.

9. Pending miscellaneous application(s), if any, shall also stand

disposed of.

28.10.2024                                      [JAGMOHAN BANSAL]
manoj                                               JUDGE

                     Whether speaking/reasoned         Yes/No
                     Whether reportable                Yes/No


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