Dismissed

Bishan Swaroop Sharma v. Bharat Electronics Ltd.

Delhi HC15 Jul 2019W.P.(C)/1430/2011

Case brief

AI extract

What is this about?

Disposing of a writ petition challenging a Labour Court compensation award, the court upheld the workman's termination but reduced interest from 12% to the bank rate. The respondent deposited Rs. 1 lakh with interest.

What did the court decide?

Respondent directed to pay the workman Rs. 1,00,000 deposited with interest and an additional Rs. 1,00,000 with accrued interest within four weeks.

Bishan Swaroop Sharma Vs Bharat Electronics Ltd. — Labour and Industrial Disputes | Delhi HC (2019)

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Signature Not Verified Signing Date:21.10.2024 16:56:28 Certify that the digital and physical file have terminated on 05 July, 1993 after an inquiry into the charge sheet been compared and the digital data is as per the physical file an d no page is missing.

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'2)^

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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 of the workman on the ground of misconduct. Learned counsel seeks setting aside of the compensation awarded by the Labour Court.

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Learned counsel for the workman urged at the time of hearing that the workman was not given opportunity to file the reply to the charge sheet and the inquiry suffers from the violation of principles of nature justice. Learned counsel for the workman seeks enhancement of the compensation awarded by the Labour Court.

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This Court is of the view that the termination of the workman by the management does not warrant any interference. This Court is also satisfied that the compensation of Rs.2,00,000/- awarded by the Labour Court is just, 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 of interest. 6. Bharat Electronics Limited deposited Rs. 1,00,000/- with the Registrar General of this Court in terms of the order dated 17 January, 2019. As per the report of UCO Bank, the maturity value of the FDR for Rs. 1,00,000/- as on today is Rs. 1,98,199/- subject to TDS and pre-mature penalty. 7. The Registrar General is directed to release amount of Rs. 1,00,000/-

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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 that the equivalent amount that would be released by the UCO Bank, shall be paid by the Bharat Electronics Limited to the workman, Bishan Swaroop Sharma within four weeks.

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Both the writ petitioners are disposed of in above terms.

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

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Copy of this order be given dasti to counsels for the par^s under signature of Court Master.

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JrRTMIDHA, J.

JULY 15, 2019

Bishan Swaroop Sharma v. Bharat Electronics Ltd.

Case brief

What is this about?

What did the court decide?

Bishan Swaroop Sharma v. Bharat Electronics Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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