Syndicate Bank v. Sunil Kumar Sharma

Delhi High Court · 23 Apr 2019 · 2019:DHC:2234
J. R. Midha
W.P.(C) 11459/2016
2019:DHC:2234
labor appeal_dismissed

AI Summary

The Delhi High Court dismissed the writ petition challenging the Industrial Tribunal's award of retrenchment compensation, holding no infirmity in the Tribunal's findings and refusing to interfere in a matter involving nominal compensation.

Full Text
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W.P.(C) 11459/2016
HIGH COURT OF DELHI
Date of Decision: 23rd April, 2019
W.P.(C) 11459/2016 & CM No.44934/2016
SYNDICATE BANK ..... Petitioner
Through: Mr. Rajesh Mehndru and Mr. Manmohan Singh, Advocates.
VERSUS
SUNIL KUMAR SHARMA ..... Respondent
Through: Mr. Anuj Aggarwal and Mr. Deepak Sinha, Advocates.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
(ORAL)

1. The petitioner has challenged the award of the Industrial Tribunal whereby compensation of Rs.50,000/- has been awarded to the respondent.

2. The petitioner terminated the respondent who raised an industrial dispute which was referred to the Industrial Tribunal. The petitioner contested the industrial dispute on the ground that the respondent was not appointed to any post but he was engaged for only 1 hour to 2 hours job. It was further pleaded that the respondent did not complete 240 days and was not entitled to any relief.

3. The Labour Court held that termination of respondent was not legal and retrenchment compensation of Rs.50,000/- was awarded to the 2019:DHC:2234 W.P.(C) 11459/2016 respondent.

4. Learned counsel for the petitioner submits that there was no relationship of employer and employee between the parties.

5. This Court is not inclined to entertain the writ jurisdiction in this matter considering the nominal amount of Rs.50,000/- awarded by the Industrial Tribunal to the respondent. That apart, there is no infirmity in the findings of the Industrial Tribunal.

6. The writ petition is dismissed. Learned counsel for the petitioner submits that this judgment should not be treated as precedent to which the respondent has no objection. This judgment shall not be treated as precedent. Pending application is disposed of.

7. The petitioner has deposited Rs.50,000/- with the Registrar General of this Court in terms of the order dated 05th December, 2016. The Registrar General is directed to release the said amount along with interest accrued thereon to the respondent within three weeks from today.

8. Copy of this judgment be given dasti to counsels for the parties under signature of Court Master. J.R. MIDHA, J. APRIL 23, 2019 ak