Bharat Electronics Ltd v. Bishan Swaroop Sharma

10 BHARAT ELECTRONICS LTD Petitioner Through: Mr.R.Chacko,Mr.Varun Mudgal and Mr.Abhishek Rana,Advocates.

VERSUS

BISHAN SWAROOP SHARMA & ANR Respondents j " Through: Mr.Sanjoy Ghose,Ms.Urvi Mohan and Mr.Rhishabh Jetley, Advocates. + W.P.(C)1430/2011 11 BISPIAN SWAROOP SHARMA Petitioner Through: Mr.Sanjoy Ghose,Ms.Urvi Mohan and Mr.Rhishabh Jetley,Advocates.

VERSUS

BHARATELECTRONICS LTD Respondent \ f Through: Mr.R.Chacko,Mr.Varun Mudgal and Mr.Abhishek Rana,Advocates. CORAM: HON'BLE MR.JUSTICE J.R.MIDHA ORDER % 15.07.2019

1. The parties have challenged the award ofthe Labour Court whereby compensation ofRs.2,00,000/- has been awarded to the workman along with interest @12% per annum.

2. The workman was working as a Junior Store Keeper with Bharat Electronics Limited since February, 1977 and his services were terminated on 05 July, 1993 after an inquiry into the charge sheet 2019:DHC:7483 '2)^ \ / dated 25"^ October, 1990. As per the charge sheet,the workman refused to receive certain items brought by customers for being deposited in the store on 23'^'' October, 1990 despite clear instructions from Mr.R.P.Pandey. The workman misbehaved with Mr.R.P. Pandey and also physically assaulted and threatened him with dire consequences. According to the workman, Mr.R.P. Pandey assaulted him and workman made a criminal complaint against Mr.R.P.Pandey and Mr.R.P.Pandey was enlarged on bail.

3. Learned counsel for the petitioner in W.P.(C)294/2011 urged at the time of hearing that the inquiry was fairly conducted and there is no infirmity in the termination ofthe workman on the ground of misconduct. Learned counsel seeks setting aside of the compensation awarded by the Labour Court.

4. Learned counsel for the workman urged at the time ofhearing that the workman was not given opportunity to file the reply to the charge sheet and the inquiry suffers from the violation ofprinciples ofnaturejustice. Learned counsel for the workman seeks enhancement ofthe compensation awarded by the Labour Court.

5. This Court is ofthe view that the termination ofthe workman by the management does not warrant any interference. This Court is also satisfied that the compensation ofRs.2,00,000/- awarded by the Labour Court isjust, fair and reasonable and does not warrant any interference. However, the interest of 12% awarded by the Labour Court is on higher side and is, therefore,reduced to the bank rate ofinterest.

6. Bharat Electronics Limited deposited Rs.1,00,000/- with the Registrar General ofthis Court in terms ofthe order dated 17 January,2019. As per the report ofUCO Bank,the maturity value ofthe FDR for Rs.1,00,000/- as ontoday is Rs.1,98,199/- subjectto TDS and pre-mature penalty.

7. The Registrar General is directed to release amount ofRs.1,00,000/deposited by the Bharat Electronics Limited to the workman, Bishan Swaroop Sharma along with interest accrued thereon within two weeks from today. The Bharat Electronics Limited is directed to pay further sum of Rs.1,00,000/- along with interest which has accrued on the earlier amount deposited by the petitioner, meaning thereby thatthe equivalent amountthat would be released by the UCO Bank,shall be paid by the BharatElectronics Limited to the workman,Bishan Swaroop Sharma within four weeks.

8. Both the writpetitioners are disposed ofin aboveterms.

9. This Court appreciates the assistance rendered by learned counsels for both the parties in this matter.

10. Copy of this order be given dasti to counsels for the par^s under signature ofCourt Master. % JrRTMIDHA,J. JULY 15,2019 ak j