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Delhi District Court

Through vs M/S. Diamond Export on 9 April, 2012

        IN  THE  COURT  OF   SHRI   CHANDRA   SHEKHAR:   POLC­V: 
                     KARKARDOOMA  COURT:  DELHI

LCA No : 147/10 
Unique Case ID No :  02402C0367182010

In the matter of:
Sh. Banwari Lal
S/o Sh. Giriraj Singh

Through:
Universal Proutist Labour Federation (Regd.)
near T­34, Okhla Phase­2, New Delhi­110020.
                                                                          .........Applicant
VERSUS:

M/s. Diamond Export 
(Smt. Vijaylata Jain, Owner)
(A Govt. recognized export house)
B­59, Okhla Industrial Area,
Phase­1, New Delhi­110020.
                                                                     ......... Management
                         
Date of Institution                     :       10.12.2010
Date of reserving order                 :       09.04.2012
Date of pronouncement                   :       09.04.2012

ORDER:

An application u/s 33­C(2) of the ID Act, 1947 was filed by the aforesaid applicant stating that since 08.02.2003 he was working with the management as Final Checker and his last drawn salary was a sum of Rs. 3,275/­ per month when he was entitled for minimum wages of Rs. 4,057/­ per month. The management also did not pay him earned wages, bonus, annual leaves, double overtime etc. and terminated his services on 29.07.2008 orally without assigning any reason, without giving any notice, without any LCA No. 147/10 1/2 charge sheet and without conducting any enquiry. The management is liable to pay a sum of Rs. 27,366/­ to him towards earned wages, bonus, annual leaves and double overtime. A prayer is made that management be directed to pay his aforesaid dues alongwith interest @ 18% alongwith Rs. 2,000/­ towards penalty, Rs. 2,000/­ towards litigation expenses and Rs. 5,000/­ for payment of fees of Authorized Representative.

2. A notice of the aforesaid application was sent to the management for appearance and for filing of reply to the aforesaid application. The AR of the management Sh. R. K. Sharma appeared on 17.10.2011 and at the request of both the parties the matter was fixed for settlement.

3. Today AR for the applicant has stated that the matter has amicably been settled between the parties fully and finally and the management has already made the payment of settlement amount to the workman. His statement is recorded in this regard separately.

4. In view of statement of AR for the applicant, it seems that the matter has amicably been settled between the parties fully and finally and both parties are satisfied therefore, the application is disposed off as settled.

A copy of this order be sent to the appropriate Govt. for its publication as per rules. 

ANNOUNCED IN THE OPEN COURT                                          (CHANDRA SHEKHAR)
ON 09th APRIL, 2012                                                  POLC­V:KKD:DELHI


LCA No. 147/10                                                                                 2/2