Disposed

Global Solar Energy India Ltd. v. Presiding Officer Labour Court

Punjab & Haryana HC24 Feb 2014CWP/23601/2011

Case brief

AI extract

What is this about?

This single-judge oral order of the Punjab and Haryana High Court disposed of a joint false implication application and writ petition. The court held that since the workman settled the matter under Section 33-C(2) of the Industrial Disputes Act by accepting full compensation, the respondent officer cannot enforce the earlier reinstatement award.

What did the court decide?

Allowed the joint false implication application and disposed of the writ petition on terms of the moot clause reached by the workman and company.

Global Solar Energy India Ltd. Vs… — Labour and Industrial Disputes | Punjab & Haryana HC (2014)

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C.M. No. 2279 of 2014 in/and CWP No. 23601 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.M. No. 2279 of 2014 in/and CWP No. 23601 of 2011 Date of decision: 24.02.2014

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Global Solar Energy (India) Ltd.

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...Petitioner(s)

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Versus

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Presiding Officer, Industrial Tribunal-cum-Labour Court-1, Gurgaon

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...Respondent(s)

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CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

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Present: Mr. Adarsh Jain, Advocate, for the applicant-petitioner.

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Mr. Paul S. Saini, Advocate, for respondent no. 2.

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G.S.SANDHAWALIA, J. (Oral)

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C.M. No. 2279 of 2014 has been filed under Order 23 Rules 1 and 3 CPC read with Section 151 CPC for disposing of the writ petition as respondent no. 2-workman has settled the matter vide settlement dated 01.06.2012 before the Labour Court and accepted compensation in full and final settlement of the award.

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Counsel for respondent no. 2 states that he has no instructions as he is no longer in touch with the workman.

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A perusal of the paper book would go on to show that vide the award dated 21.04.2009, the workman was held entitled to reinstatement in service with M/s. Global Solar Energy (India) Ltd. with back wages to the extent of 30% on the basis of last drawn salary.

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Gupta Shivani 2014.02.26 13:59 I attest to the accuracy and integrity of this document High Court Chandigarh

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C.M. No. 2279 of 2014 in/and CWP No. 23601 of 2011

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In the application, it has been averred that the said unit was closed in the year 2002 and the award was passed ex parte on 21.04.2009. In the application filed under Section 33-C(2) of the Industrial Disputes Act, 1947 (in short 'the Act'), settlement dated 01.06.2012 was entered into and the workman had given up his claim of back wages and received a sum of 58,961/- as full and final settlement of all his claims. He has received a draft for a sum of 50,000/- and a sum of `8,961/- in cash. An affidavit of the workman has also been submitted which is attached alongwith the present application alongwith a photocopy of the draft.

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Keeping in view the above facts, the present application is allowed and the writ petition is disposed of in terms of the settlement arrived at between the parties. Accordingly, in view of the above settlement, respondent no. 2 shall not be entitled to enforce the award in question.

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24.02.2014 shivani

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(G.S. SANDHAWALIA) JUDGE

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Gupta Shivani 2014.02.26 13:59 I attest to the accuracy and integrity of this document High Court Chandigarh

Global Solar Energy India Ltd. v. Presiding Officer Labour Court

Case brief

What is this about?

What did the court decide?

Global Solar Energy India Ltd. v. Presiding Officer Labour Court

Case brief

What is this about?

What did the court decide?

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