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[Cites 2, Cited by 1]

Delhi High Court - Orders

Wages By R-6) Airport Authority Of India vs Puran Chand & Others on 27 September, 2019

Author: Rekha Palli

Bench: Rekha Palli

$~4
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 7186/2003 & C.M. Nos.12520/2015 (for modification of
      order dated 27.08.2014), 16464/2016 (for directions by the petitioner),
      27639/2019 (for directions by R-7), 40511/2019 (for payment of
      wages by R-6)

      AIRPORT AUTHORITY OF INDIA              ..... Petitioner
                   Through: Mr.Vaibhav Kalra with Ms.Neha
                             Bhatnagar & Mr.Varun Kalra along
                             with Mr.Ravindra Kumar & Mr.Ravi
                             Kumar, Manager (Law).

                         versus

      PURAN CHAND & OTHERS                  ..... Respondents
                  Through: Mr.Pradeep Kumar Arya with
                           Mr.Aditya   Kumar        Yadav     &
                           Ms.Deepika Khari, Advs. for R-6 &
                           7.

      CORAM:
      HON'BLE MS. JUSTICE REKHA PALLI

                         ORDER

% 27.09.2019

1. The present writ petition assails the award dated 03.02.2003 passed by the Labour Court, Lucknow in ID No.57/2002 whereunder the petitioner was directed to reinstate the respondents with 50% backwages.

2. Learned counsel for the petitioner submits that in view of the admitted position that the respondents/workmen had worked for about one year, this Court while issuing notice in the present petition on 11.11.2003 had observed that it would be appropriate that the matter is settled by payment of a lump sum compensation to the respondents in lieu of reinstatement. He submits that the petition has however remained pending for the last 16 years and no settlement could take place between the parties as a consequence, the respondents have already received a huge amount by way of benefit under Section 17B of the Industrial Disputes Act, 1947. He places reliance on a decision of a Coordinate Bench of this Court in W.P.(C) No.23152/2005, The Director (Admn) National Airport Authority of India vs. Shri Suresh Kumar where the Court had in similar circumstances granted a lump sum compensation of Rs.1.5 lakhs to the workman. He therefore, prays that the impugned award be set aside by substituting the relief of reinstatement by a lump sum compensation of Rs.1.5 lakhs as awarded in the aforesaid decision.

3. Learned counsel for the respondent prays for time to get instructions.

4. At request, list on 14.10.2019.

REKHA PALLI, J SEPTEMBER 27, 2019 gm