Disposed

Kunal & Ors. v. Naval Public School & Anr.

Delhi HC4 Jan 2018W.P.(C)/11887/2015

Case brief

AI extract

What is this about?

The Delhi High Court observed that disputes regarding specific dues under a Labour Court Award are not suitable for adjudication in writ jurisdiction under Article 226. The petitioners were directed to approach the concerned forum for execution of the Award.

What did the court decide?

Relegated to avail of remedies available in law to get the Award executed from the concerned forum.

Kunal & Ors. Vs Naval Public School & Anr. — Pension and Retirement Benefits | Delhi HC (2018)

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Order: January 04, 2018

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+ W.P.(C) 11887/2015

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KUNAL & ORS ..... Petitioners

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Through: Mr.Manoj Kumar Sahu, Advocate

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versus

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NAVAL PUBLIC SCHOOL & ANR ..... Respondents Through: Mr.Ambuj Dixit, Advocate and Ms.Kritika Angirish, Advocate for R-1 with Captain Rakesh Dhall, Executive Director Mr.Satyakam, Advocate (ASC) for respondent No.2 and Mr.Ashok Nayar, LA, DoE, GNCTD

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CORAM: HON'BLE MR. JUSTICE SUNIL GAUR

ORDER

(ORAL)

CM No.45010/2017

By way of this application, first respondent has provided the breakup of salary of late Jai Raj whose legal heirs are petitioners herein.

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The application is allowed and the break-up of the salary of Jai Raj provided in this application is taken on record.

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W.P.(C) No.11887/2015

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By way of this writ petition, petitioner seeks execution of the award of 18^th February, 2006 vide which reinstatement of workman-Jai Raj with continuity in service and full back wages was ordered. Respondent-management had filed a writ petition being W.P.(C)

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Page 1 of 2

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W.P.(C) 11887/2015

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No.12600/2006 which was disposed of vide order of 24^th April, 2012 ( Annexure P-3 ). The petitioners herein are seeking the compliance of the order of 24^th April, 2012 ( Annexure P-3 ). While entertaining this writ petition, respondent-school was called upon to give the break-up of amount of `7,331/- which has been done by way of CM No.45010/2017. Learned counsel for petitioners submits that petitioners are also entitled to gratuity, leave encashment and provident fund dues, which is disputed by learned counsel for respondent-school.

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Learned counsel for petitioners submits that in view of Labour Court Award, petitioners are also entitled to bonus. Learned counsel for respondent-school submits that since the workman-Jai Raj had died, therefore, petitioners are not entitled to any bonus as respondent-school is not a profit making entity and all the dues have been paid to the petitioners.

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Upon hearing, I find that there is some dispute about the dues payable in terms of the Labour Court Award which is not required to be gone into in the exercise of writ jurisdiction under Article 226 of the Constitution of India. Petitioners are relegated to avail of the remedies to available in law to get the Award of 18^th February, 2006 executed from the concerned forum.

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With aforesaid observations, this petition is disposed of.

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SUNIL GAUR

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(JUDGE)

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JANUARY 04, 2018 mamta

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Page 2 of 2

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W.P.(C) 11887/2015

Kunal & Ors. v. Naval Public School & Anr.

Case brief

What is this about?

What did the court decide?

Kunal & Ors. v. Naval Public School & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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