Delhi High Court - Orders
Management Of Samrat Hotel And Anr vs All India Itdc Mazdoor Jant Union And Ors on 20 October, 2022
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13297/2019, CM APPL. 44101/2022
MANAGEMENT OF SAMRAT HOTEL AND ANR..... Petitioners
Through: Mr. Ravi Sikri,Sr. Adv. with
Ms.Sumitra Choudhary, Ms. Renu
Bajpai
versus
ALL INDIA ITDC MAZDOOR JANT UNION AND ORS
..... Respondents
Through: Mr. N.D. Pachauri Adv.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 20.10.2022 CM APPL. 54069/2019 and CM APPL. 44101/2022 in W.P.(C) 13297/2019
1. Learned senior counsel for the petitioners submits that the present writ petition has been filed challenging the impugned order dated 18 th March, 2019 passed by the learned CGIT-I whereby the Industrial Tribunal inter alia directed the petitioner-management to regularize the workmen-respondents w.e.f. 6th September, 2013 in the regular pay-scale of their respective posts/cadre, with all consequential benefits and arrears of the same be also paid to him.
2. Learned senior counsel for the petitioner submits that in pursuance to this impugned award, Rs.8,00,000/- was deposited by the petitioner- management and same has admittedly been disbursed to the workmen-respondents. Learned senior counsel has now submitted that Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:01.11.2022 11:21:12 the direction of the regularization be stayed because if the operation of the impugned order qua regularization is not stayed, the writ petition will become infructuous.
3. It has been submitted that the matter regarding the regularization, is pending before the Division Bench of this Court in LPA No. 199/2013 titled as "Management of Ashok Hotel (ITDC) v. Thier Workmen and Anr".
4. Reliance has also been placed upon W. P. (C) No. 4832/2016 filed as "M/s Ashol Hotel v. Ashok Hotel Mazdoor Janta Union and Ors.", and W.P.(C) 678/2022 titled as "M/s Ashok Hotel v. Ashok Hotel Mazdoor Janta Union and Ors"..
5. Sh. N. D.Pachouri, learned counsel for the workmen-respondents has opposed the submissions made by the learned senior counsel for the petitioner. Learned counsel for the respondent has submitted that the reliance has wrongly been placed in LPA No. 199/2013 as the orders in the LPA LPA No. 199/2013 were passed on different set of facts.
6. It has been submitted that since beginning, the petitioner-management had been saying that they want to settle the matter amicably, however, no steps have been taken in this regard. Learned counsel further submits that even in the execution, the petitioner management has not deposited any amount beyond Rs. 8,00,000/-.
7. Learned counsel further submits that no stay order may be passed regarding the recovery of the amount in the executing Court.
8. This Court vide order dated 31st August, 2021 has passed the following orders regarding the execution petition;
Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:01.11.2022 11:21:12"9. From the submissions made, it is clear that there was some misunderstanding or error which may have led to the submission that amounts have already been released. There is no dispute that the amount of Rs. 8 lakhs already stands deposited. Since there is already an order directing the release of the amounts to the Workmen, which was passed on 5th February, 2020, accordingly, the following directions are issued.
(1) The Executing Court shall now proceed in respect of release of the deposited amount to the five Workmen in equal measure. The Management shall place the computation of amount and shall give a copy of the same to Mr. Dhamija, Id.
Counsel for the Workmen.
The computation of amount be given on or before IS*'' September,2021.
(2) After perusing the computation, the Executing Court shall specify the exact amounts to be released in respect of each of the Workmen.
(3)It is recorded that the payment of these amounts to the Workmen shall be subject to the outcome of the present writ petition, which is to be heard on merits. Thus, the release of these amounts would not in any way result in any prejudice to the Management. Further no equities would accrue in favour of the workmen, due to the release of amounts. (4) If the Management succeeds finally, at that stage, any directions that may be issued by the Court shall be complied with by the Workmen."
9. In view of the directions issued by this Court, the executing Court has to proceed regarding the computation and release of the amount. The parties may take their respective pleas as to their entitlement/non- entitlement before the learned Executing Court itself. However, as far Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:01.11.2022 11:21:12 as the regularization is concerned, in view of the submissions made by learned senior counsel of the petitioner, the operation of the impugned award only qua the regularization of the employee is stayed till the disposal of this writ petition. This Court shall abide by the decision in LPA No. 199/2013.
10.List for final hearing on 3rd February, 2023.
DINESH KUMAR SHARMA, J OCTOBER 20, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:01.11.2022 11:21:12