VASUDEV PATEL Petitioner v. J.P.R.EXPORTS

Delhi High Court · 01 Oct 2019 · 2019:DHC:7424
HON'BLE MS.JUSTICE REKHA PALLI; 01.10.2019
WP(C) No.9266/2014) and other six connected petitions impugned in this Court being WP (C)
2019:DHC:7424
labor appeal_allowed

AI Summary

The Delhi High Court modified the Labour Court's award increasing compensation for illegal termination from Rs. 10,000 to Rs. 1,75,000 per petitioner based on a mutual settlement, disposing of the writ petitions accordingly.

Full Text
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r $-36 to 42 HIGH COURT OF DELHI
W.P.(C)9266/2014
ANIL KUMAR SAXENA Petitioner
Through Mr.Syed Sajad Ali,Adv.
VERSUS
M/S J.P.R.EXPORTS Respondent
Through Mr.Pradhuman Gautam,Adv.with Mr.S.C.Pathak,HR MGR.in person.
W.P.(C)6506/2015
VASUDEV PATEL Petitioner
VERSUS
J.P.R.EXPORTS Respondent
W.P.(C)6516/2015
AVDHESH SINGH Petitioner
VERSUS
Thi-ough Mr.Pradhuman Gautam,Adv.with
W.P.(C)6517/2015
ASHOK KUMAR SAXENA Petitioner
VERSUS
2019:DHC:7424
W.P.(C)6519/2015
JAIPRAKASH SHARMA Petitioner
VERSUS
W.P.(C)6541/2015
SAROJ KUMAR Petitioner
VERSUS
W.P.(C)6542/2015
AKHILESH KUMAR VERMA Petitioner
VERSUS
CORAM:
HON'BLE MS.JUSTICE REKHA PALLI
01.10.2019
ORDER

1. The present writ petitions assail a common Award dated 19.02.2013, passed by the learned Labour Court, Karkardooma Courts, Delhi in ID No.130/2011 & LCA No.59/11 [WP(C) No.9266/2014) and other six connected petitions impugned in this Court being WP (C) Nos.6506/2015 [ID No.131/11 & LCA No.55/11],6516/2015 [IDNo.133/11 & LCA No.53/11],6517/2015 [ID No.135/11 «&LCANo.54/ll],6519/2015[ID No.132/11 & LCA No.56/11],6541/2015[ID No.134/11 &LCANo.58/11]&6542/2015 [IDNo.136/11 &LCAN0.57/II].

2. Under the impugned Award,the learned Labour Court has after holding that the petitioners were permanent employees of the respondent/organization and had been illegally terminated without following the provisions of Section 25-F, G & H of the Industrial Disputes Act, 1947, has directed payment of a lump sum compensation ofRs.10,000/-to each ofthe petitioners.

3. The petitioners have in the present petition assailed the award ofcompensation by contendingthatthe same is highly inadequate.

4. On 13.09.2019, after some arguments learned counsel for the petitioners had on instructions from the petitioners,submitted that the petitioners were willing to accept a lump sum compensation of Rs.1,75,000/- in lieu of all their claims against the respondent. Learned counsel for the respondent was granted time to obtain instructions.

5. Today,learned counselforthe respondents on instructionsfrom Mr.S.C. Pathak, HR Manager, who in turn had sought telephonic instructions from Mr.Ishwar R.Pujara,the partner ofthe respondent submits that the respondent is willing to amicably settle the matter by paying a lump sum compensation of Rs.1,75,000/- to each of the petitioners in full and final settlement of all their claims against the f respondent.

6. Accordingly, with the consent ofthe parties,the writ petitions are disposed of by directing the respondent to pay as lump sum compensation, a sum of Rs.1,75,000 /- to each of the petitioners within six weeks. The impugned order will stand modified to the extent that the compensation awarded to the petitioner would be read as Rs.1,75,000/-. Itis made clear that after the receipt ofthe aforesaid amount, the petitioners will have no further claim against the respondent.

OCTOBER 01,2019/aa REKHA PALLI,J P