High CourtsSingle Bench(2019) 07 DEL CK 0307

Har Kishore Sharma vs MGMT. Of G.F.R. Co.P.Ltd. (Imperial Cable)

Delhi High Court · Decided on 25 July 2019

HON’BLE JUDGES
J.R. Midha, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 7721 Of 2007

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Judgment

18 paragraphs · 295 words

J.R. Midha, J

1.

The petitioner has challenged the award of the Labour Court whereby compensation of Rs.50,000/- has been awarded to him.

2.

The petitioner joined the respondent as an Operator in 1987 and he was terminated on 30th April, 1998. The petitioner raised an industrial dispute

which was referred to the Labour Court.

3.

The Labour Court held the termination to be illegal. The Labour Court awarded compensation of Rs.50,000/- to the petitioner in lieu of

reinstatement.

4.

Learned counsel for the petitioner urged at the time of the hearing that the compensation awarded is grossly inadequate. It is submitted that the

petitioner worked with the respondent for more than ten years. Learned counsel for the petitioner seeks enhancement of compensation to Rs.7.5

lakhs. Reliance is placed on Ashok Kumar v. M/s.Hindustan Vegetable Oil Co. in W.P.(C)12666/2004 decided on 27th July, 2017.

5.

There is no appearance on behalf of the respondent despite the matter having been passed over. It is 4.00 P.M. The Managing Director of the

respondent was directed to remain present today. The Managing Director of the respondent is not present.

6.

This Court is satisfied that the compensation awarded by the Labour Court is inadequate. Considering the length of service of the petitioner and

other relevant factors, the compensation awarded by the Labour Court is enhanced from Rs.50,000/- to Rs.4 lakhs.

7.

The respondent is directed to pay the enhanced compensation amount within 30 days failing which the respondent shall be liable to pay interest @

9% per annum.

8.

This writ petition is allowed in the above terms.

9.

Copy of this judgment be sent to the respondent.

10.

Copy of this judgment be given dasti to counsel for the petitioner under the signature of the Court Master.