Delhi High Court - Orders
Management Of Samrat Hotel And Anr vs All India Itdc Mazdoor Jant Union And Ors on 9 September, 2022
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13297/2019, CM APPL. 54069/2019
MANAGEMENT OF SAMRAT HOTEL AND ANR...... Petitioners
Through: Ms. Sumitra Chaudhary and Mr. Renu
Bajpai, Advs.
versus
ALL INDIA ITDC MAZDOOR JANT UNION AND ORS
..... Respondents
Through: Mr. A.P. Dhamija, Mr. J P singh and
Ms. Tanya Sharma,Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 09.09.2022 CM APPL. 44441/2021 (directions) The present application has been moved seeking the following prayers:
a) Direct the management to deposit the admitted amount as per their statement of amount before the Executing Court and on deposit of the admitted amount be released the same to the workmen as per the statement of amount.
b) Direct the Executing Court to release the amount of Rs.45,000/-
which has already been lying with the executing court to release the same to the workmen equally.
c) Direct the petitioner management to issue formal letter for retirement to the workman surrender Kumar Gaur who alleged to Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:12.09.2022 16:15:43 have been retired on attaining the age of superannuation and release all the retiral dues as admissible such as P.F., gratuity, leave encashment and other retiral benefit as per law as well as the formal letter of retirement to the workman. Learned counsel for the respondent submits that though the amount of Rs. 8 lakhs has been released, however, the petitioner-management has not deposited the remaining amount.
It is an admitted case that pursuant to the award in I.D. No. 125 of 2013 five execution petitions were filed bearing Ex. No. 653/2019, Ex. No. 253/2020, Ex. No. 254/2020, Ex No. 255/2020 and Ex. No.256/2020.
The present writ petition has been filed by the petitioner-management challenging the award dated 18th March, 2019.
This Court considers that the question as to the implementation and execution of the award solely rest with the executing Court.
This Court is seized of the challenge to the award passed by the Labour Court. Thus, henceforth the executing Court shall conduct proceedings in the execution petitions filed by the respondent-workmen in accordance with law and without being influenced by the observation of this Court.
Learned counsel for the petitioner -management submitted that vide order dated 2nd February, 2021, this court had directed that the executing Court will stand over the matter beyond the date fixed before this Court.
Learned counsel submits that therefore, there an injunction has been granted in favour of the respondent.
This Court considers that the reading of this order in such manner may not be correct as this Court vide order dated 2nd February, 2021 had Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:12.09.2022 16:15:43 adjourned to 20th May, 2021.
This Order was passed by this court particularly in view of the submissions made by learned senior counsel, which was later on found to have been made inadvertently, that Rs.8 lakhs have already been released in equal measure to the five workmen involved in the matter i.e. respondent No.2 to 6.
In any case, there was no further restraining order passed by this Court.
Learned counsel for the respondent submits that henceforth he will pursue the matter before the execution Court and therefore does not wish to press the present application.
In view of the above, the present application stands disposed of. W.P.(C) 13297/2019 List on 3rd February, 2022.
DINESH KUMAR SHARMA, J SEPTEMBER 9, 2022 Pallavi Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:12.09.2022 16:15:43