Delhi High Court - Orders
M/S Shriniwasa Roadways Pvt. Ltd vs Rushma Ralhan on 30 November, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:02.12.2021 17:46:15
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6220/2018 & CM APPLs. 24012/2018 & 22433/2021
M/S SHRINIWASA ROADWAYS PVT. LTD. ..... Petitioner
Through: Mr. Arvind Kumar Shukla, Mr. Vasu
Chaudhary, Mr. Nihal Ahmad and
Ms. Neena Shukla, Advocates.
(M:9810030009)
versus
RUSHMA RALHAN ..... Respondent
Through: Mr. Rajiv Shukla, Ms. Shivani
Kapoor and Mr. Sanjay Kumar,
Advocates. (M:9810110572) With
Respondent in person.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 30.11.2021
1. This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. The Respondent is present in person.
3. The present petition was filed by the Petitioner-Management (hereinafter "Management") challenging the impugned award dated 8th November, 2017. By the impugned award, the Respondent was directed to be reinstated with continuity of service and 100% back wages, in LIR No.2925 of 2017, titled Ms. Rushma Ralhan v. M/s. Shriniwas Roadways Pvt Ltd. The operative portion of the award reads as under:
"9. The management is directed to reinstate claimant with continuity of service and 100% back wages. It is further directed to give the said benefits to her within a month from the W.P.(C) 6220/2018 Page 1 of 4 Digitally Signed By:DEVANSHU JOSHI Signing Date:02.12.2021 17:46:15 date of publication of the award, failing which it shall be liable to pay interest on it @9 per cent per annum from today till its realization.
Reference is answered accordingly. Award is passed accordingly"
4. The Respondent was working with the Management since 1998 and her last drawn salary was Rs.22,000/- per month. It was her allegation that she was terminated illegally on 7th January, 2016 without being served any notice. This termination was challenged by her, leading to the passing of the impugned award. The said award came to be challenged before this Court and vide order dated 4th July, 2018, subject to deposit of 50% of the awarded amount, the impugned award was stayed. Thereafter, the Management deposited a sum of Rs.3,61,500/- which has been kept in a fixed deposit. The Respondent then moved an application under Section 17B of the Industrial Disputes Act, 1947 (hereinafter "ID Act"). The same was considered by this Court on 11th February, 2021. The Court granted relief in this application under Section 17B of the ID Act, on the following terms:
"9. Accordingly, the captioned application is disposed of with a direction to the petitioner to pay to the respondent-workman her last drawn full wages or minimum wages, whichever is higher.
9.1 The petitioner will also pay arrears of wages to the respondent- workman commencing from 07.01.2016 up-until today. 9.2 Insofar as the future salary/wages are concerned, they shall be paid on or before 7th day of each calendar month till disposal of the writ petition.W.P.(C) 6220/2018 Page 2 of 4
Digitally Signed By:DEVANSHU JOSHI Signing Date:02.12.2021 17:46:15 9.3 The arrears of salary/wages, as indicated above, will be remitted to the applicant- respondent workman within two weeks from today, upon necessary bank details being furnished by Mr. Rajiv Shukla, who appears on behalf of the respondent-workman to Mr. Shantanu Shukla, counsel for the petitioner."
5. Pursuant to this, a sum of Rs.10,90,500/- was paid to the Respondent as on 23rd June, 2021. The Respondent was also asked to join back services in the Chennai office of the Management, which had not fructified due to various reasons. Thereafter, the present application has been filed by the Respondent seeking payment for the months of July'2021 till date. Mr. Rajiv Shukla, ld. Counsel for the Respondent submits that since July'2021, the payments under Section 17B of the ID Act have stopped. Pleadings in the application are complete and the matter was listed for arguments today.
6. During the course of submissions, parties have agreed to settle their disputes on the following terms and conditions:
(i) The Respondent has agreed to settle her dispute with the Management, on receipt of a further lumpsum payment of Rs. 6,50,000/-. This amount shall be in addition to the amount she has already received from the Management.
(ii) The said amount of Rs.6,50,000/- shall be paid in the following manner:
a. The maturity amount of the FDR lying deposited is Rs.4,38,298/-.
The said amount shall be released to the Respondent directly to her bank account, by 10th February, 2022, after the maturity date of the FDR i.e., 2nd February, 2022. b. The remaining outstanding amount of Rs. 2,11,702/- shall be paid by the Management to the Respondent, on or before 15th W.P.(C) 6220/2018 Page 3 of 4 Digitally Signed By:DEVANSHU JOSHI Signing Date:02.12.2021 17:46:15 March, 2022.
7. Upon the release of the amount deposited with this Court along with interest (minus TDS on the interest component) and the payment of the remaining amount by 15th March, 2022, there shall be no further claims of the Respondent against the Management. The dispute shall stand fully and finally resolved in an amicable manner. The said amount of Rs.6,50,000/- includes all statutory dues including gratuity etc., and there shall be no further amounts which shall be payable.
8. The amounts directed to be released above, shall be released by way of bank transfer to the Respondent. The bank account details of the Respondent are as under:
Name: Ms. Rushma Ralhan PAN: AFWPR2262L Name of the Bank: Union Bank of India Account No.: 380902010423402 IFS Code: UBIN0538094
9. The writ petition, along with all pending applications, is disposed of as settled. The settlement terms shall be binding on the parties and anyone acting for and on their behalf.
10. This Court records appreciation of the counsels for the parties in effecting the settlement.
PRATHIBA M. SINGH, J NOVEMBER 30, 2021 dj/ms W.P.(C) 6220/2018 Page 4 of 4