WPMS/2642/2021
2023 Latest Caselaw 1730 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                 WRIT PETITION (M/S) NO. 2642 OF 2021
                               03RD JULY, 2023
BETWEEN:
Hemwati Nandan Bahuguna Garhwal University
                                                                    .....Petitioner.
And

Sheela Dhyani & another                                          ....Respondents.

Counsel for the Petitioner : Dr. Kartikey Hari Gupta, learned counsel assisted by Ms. Irum Zeba, learned counsel.

Counsel for the Respondent No.1 : Mr. Vinod Nautiyal, learned counsel.

Counsel for the Respondent No.2 : Mr. V.K. Kaparuwan, learned Standing Counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The petitioner-University has filed this petition to

assail the Award dated 04.03.2021, passed by the Presiding

Officer, C.G.I.T-Cum-Labour Court-II, New Delhi in Industrial

Dispute Case No.97/2011, finding in favour of the

respondent-workman that her services were terminated in

breach of Section 25-F of the Industrial Disputes Act, and

consequently, awarded compensation of Rs.10.00 Lakhs in

lieu of reinstatement.

2. We have perused the impugned Award.

3. There is no reason for us to interfere with the

findings of fact with regard to the termination of services of

the respondent- workman being in breach of Section 25-F of

the Industrial Disputes Act.

4. That being the position, the respondent was

certainly entitled to consequential benefits in the facts of the

case.

5. The Tribunal thought it fit to award compensation

rather than directing reinstatement of the respondent with or

without full back wages.

6. We have already dismissed the writ petition

preferred by the respondent- workman, wherein the

respondent had raised the grievance that she should have

been directed to be reinstated with full back wages, rather

than being awarded compensation.

7. We see no reason to interfere with the impugned

Award, insofar as it grants compensation to the respondent-

workman. The quantum of compensation, considering the fact

that the respondent-workman had served for about five

years, and had been agitating her case before the C.G.I.T. for

over ten years, cannot be said to be excessive.

8. We, therefore, do not find any merit in this petition.

The same is accordingly dismissed.

9. The amount of compensation of Rs.8.00 Lakhs

deposited by the petitioner in Writ Petition (M/S) No.2642 of

2021, shall be released to the respondent-workman along

with accrued interest thereon forthwith by the Registry. The

remaining amount of compensation of Rs.2.00 Lakhs along

with accrued interest as per the order of Tribunal shall be

released to the respondent- workman within two weeks.

10. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 03rd July, 2023 NISHANT