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Delhi High Court - Orders

Rajbir & Ors vs The Dy. Commissioner, Municipal ... on 25 January, 2023

Author: Rekha Palli

Bench: Rekha Palli

                          $~38 & 39
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 3470/2016
                               RAJBIR & ORS                               ..... Petitioner
                                                Through: Mr.Ramjee Pandey, Adv.

                                                   versus

                                 THE DY. COMMISSIONER, MUNICIPAL CORPORATION OF
                                 DELHI & ANR                                ..... Respondent
                                                  Through: Ms.Namrata Mukim, Adv.
                          +      W.P.(C) 8782/2017 & CM APPL. 35930/2017- Stay, CM APPL.
                                 40042/2017- Addl. doc.
                                  DEPUTY COMMISSIONER, MUNICIPAL CORPORATION OF
                                 DELHI, NORTH                             ..... Petitioner
                                                  Through: Ms.Namrata Mukim, Adv.

                                                   versus

                                 RAJBIR & ORS                                   ..... Respondent
                                                   Through:     Mr.Ramjee Pandey, Adv.

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                               ORDER

% 25.01.2023

1. These two petitions-one preferred by the Management and other by the workmen, assail the ex parte award dated 05.10.2015.

2. Vide the impugned award, the learned Labour Court has after holding that the termination of the workmen was illegal, directed the Management to pay a lump sum compensation of Rs.50,000/- to each of the workmen.

3. While the workmen by way of W.P.(C) 3470/2016 seek reinstatement with backwages, the Management by way of W.P.(C) 8782/2017 Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:27.01.2023 12:43:11 seeks setting aside of the ex parte award, on the ground that the award had been passed without any notice being served on the Management.

4. At this stage, it has been put to the learned counsel for the parties, as to whether they would be willing to amicably resolve the matter by the Management paying a lump sum compensation of Rs.1,00,000/- to each of the workmen.

5. While, learned counsel for the workmen submits that the said suggestion is acceptable to the workmen, learned counsel for the Management prays for and is granted time to obtain instructions.

6. At request, list on 07.03.2023.

7. Interim orders to continue, till the next date.

REKHA PALLI, J JANUARY 25, 2023 sr Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:27.01.2023 12:43:11