Jammu & Kashmir High Court
Chief Executive Officer M/S Dujodwala ... vs Paramjit Singh on 1 June, 2022
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
h475
S.No.21
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No.768/2015
IA No.1/2015
Chief Executive Officer M/s Dujodwala Resins and Terpenes Ltd ...Petitioner(s)
Through:- Mr. G.S.Gill, Advocate
V/s
Paramjit Singh ...Respondent(s)
Through:- Mr. Nirmal Kotwal, Advocate
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
1. The then Chief Executive Officer of M/s Dujodwala Resins and Terpenes (P) Limited ["the Company"] namely, L.C.Mehra s/o Late Sh. S.D.Mehra R/o H.No.475, Shakti Nagar, Jammu has invoked the extraordinary writ jurisdiction of this Court to assail the award dated 09.06.2014 passed by the Presiding Officer, Industrial Tribunal/Labour Court, J&K Jammu ["The Labour Court"], whereby the Labour Court while allowing the claim of the respondent has awarded a lump-sum compensation of Rs.1,00,000/- in lieu of re-instatement and back wages to the respondent and has directed the management to pay the said amount to the respondent-workman. The petitioner has also called in question communication of the Assistant Labour Commissioner (ALC), Samba dated 26th February, 2015 issued to the petitioner to deposit the awarded 2 OWP No.768/2015 amount before the Labour Court within fifteen days, failing which the said amount shall be recovered as arrears of land revenue.
2. The petitioner has not assailed the impugned order and communication on merits. The grievance of the petitioner, however, is that the petitioner was, at the relevant point of time, Chief Executive Officer of the Company and has since left his job after the Company wound up its operation in the State of Jammu and Kashmir. He submits that he is now 82 years old retired person and has nothing to do with the Company. The award impugned is required to be executed against the Company and not against his person but the Assistant Labour Commissioner, Samba has issued summons and process to the petitioner to make the deposit of the awarded amount, which is legally not permissible.
3. Having heard learned counsel for the parties and perused the material on record, I am of the view that the impugned award passed by the Labour Court is very clear and unequivocal. The award directs the management of the Company to pay the lump-sum compensation of Rs.1,00,000/- to the respondent-workman. The petitioner herein, who at one point of time was the Chief Executive Officer of the Company is, thus, not personally liable to deposit the awarded amount before the Labour Court as has been directed to do so by the Assistant Labour Commissioner, Samba.
4. Admittedly, the respondent was an employee of the Company, whose services were terminated by the Company. He approached the Labour Court and succeeded in getting a lump-sum compensation of Rs.1,00,000/- in lieu of his re-instatement and back wages. The awarded amount of Rs.1,00,000/- is payable to the respondent by the Company and 3 OWP No.768/2015 not by any officer of the Company. While the impugned award is clear and unequivocal, yet with a view to avoid any future complications, this petition is disposed of by providing that the impugned award dated 09.06.2014 shall be executable only against the Company and the management, which is presently running the affairs of the Company. The awarded amount shall be the first charge on the assets of the Company, if the same is already wound up or has ceased its operations.
(Sanjeev Kumar) Judge Jammu 01.06.2022 Vinod, PS Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No