Delhi High Court - Orders
Captain Rajesh Kumar Alawadhi vs Director General Of Civil Aviation & Ors on 25 May, 2022
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13423/2021
CAPTAIN RAJESH KUMAR ALAWADHI ..... Petitioner
Through: Mr. Tushar Jarwal with Mr. Rahul
Sateeja, Mr. Anurag Soan and
Mr. Abhishek Chauhan, Advocates
with petitioner in person.
versus
DIRECTOR GENERAL OF CIVIL AVIATION & ORS.
..... Respondents
Through: Ms. Anjana Gosain with Ms. Ritika
Khanagwal and Ms. Shalini Nair,
Advocates for respondent No.1.
Mr. Samrat Nigam with Mr. Amit
Punj, Advocates for respondent Nos.2
to 5.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 25.05.2022
W.P.(C) 13423/2021 & CM APPL.42325/2021 (stay), CM
APPL.3257/2022 (for additional documents)
1. Present petition has been filed challenging the order dated 24.03.2021, whereby, the ex-parte order dated 29.01.2020 was set aside by the Labour Court. Vide order dated 29.01.2020, in which the management Airline remained ex-parte, the Labour Court had directed inter alia as under:-
"11. Having regard to the aforesaid facts and circumstances, a sum of Rs.19,35,000/- is computed towards workman's unpaid monthly salary for three months i.e. from 23/11/2017 to 22/2/2018, besides another sum of Rs.6,60,000/- towards Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:26.05.2022 17:05:53 unpaid salary for the month of July, 2019 (totalling Rs.19,35,000 + 6,60,000 = Rs.25,95,000/- Rupees Twenty Five Lakhs Ninety Five Thousand Only) and the Management shall pay the same to the claimant/workman within two months from the date of this order, however, subject to TDS and adjustment of amount if any already paid on this score, failing which the claimant will be entitled to recover the same alongwith interest @ 6% p.a. from the date of filing of this claim application i.e. 19/9/2019 till realization of the amount. The present application stands disposed of accordingly."
2. Subsequent to that, the management Airline filed an application under Order IX Rule 13 CPC, which was allowed and the ex-parte order dated 29.01.2020 was set aside.
3. Present writ petition has been filed by the petitioner challenging this order impleading the DGCA and the management Airline.
4. The matter was also referred to the mediation. However, at that time both the parties could not reach at any settlement. However, today during the proceedings, with the assistance of learned counsel for the parties, the parties have reached on a settlement as under:-
(i) Respondent Airline, i.e., the respondent No.2 shall issue a „no objection certificate‟ in accordance with the Civil Aviation Rules to the petitioner positively within two weeks.
(ii) Respondent Airline shall pay a sum of Rs.22 lakhs within a period of 2 months in three instalments in full and final settlement of the present litigation.
(iii) Respondent Airline shall also withdraw the complaint filed Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:26.05.2022 17:05:53 under Section 138 of the Negotiable Instrument Act bearing Complaint Case No.7921/2020 titled as "Spicejet Ltd. vs. Captain Rajesh Kumar Alawadhi" pending before the Court.
5. Both the parties have agreed to the same. Parties are also held bound by the undertaking given by them before this Court.
6. With these observations, the present petition stands disposed of.
DINESH KUMAR SHARMA, J MAY 25, 2022 st Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:26.05.2022 17:05:53