Management challenged Labour Court awards reinstating four tailors with full back wages. Counsel abandoned the merits challenge; the court settled the matter by awarding ₹3,50,000 to each workman, inclusive of Section 17-B salary for the writ-petition pendency period, payable within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
112
In the High Court of Punjab and Haryana, at Chandigarh
1. Letters Patent Appeal No. 2117 of 2024 (O&M) M/s J.K.M. Overseas ... Appellant(s) Versus J.S.Shekhawat and Others ... Respondent(s) 2. Letters Patent Appeal No. 2120 of 2024 (O&M) M/s J.K.M. Overseas ... Appellant(s) Versus Dinesh Kumar and Others ... Respondent(s) 3. Letters Patent Appeal No. 2123 of 2024 (O&M) M/s J.K.M. Overseas ... Appellant(s) Versus Giri Raj alias Girij Singh and Others ... Respondent(s) AND 4. Letters Patent Appeal No. 2126 of 2024 (O&M) M/s J.K.M. Overseas ... Appellant(s) Versus Fateh Singh and Others ... Respondent(s) DATE OF DECISION: 22.10.2024
DEEPAK KUMAR BHARDWAJ 2024.10.29 10:30 I attest to the accuracy and integrity of this document
Letters Patent Appeal No. 2177 of 2024 (O&M) 2 And Others Connected Cases
CORAM: Hon’ble Mr. Justice Sheel Nagu, Chief Justice. Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Suman Jain and Mr. Rishabh Jain, Advocates for the appellant(s).
Mr. Ashok Tyagi, Mr. Rajender Pathak and Mr. Gaurav Tyagi, Advocates, for the caveator/respondent No.1.
Anil Kshetarpal, J.
CM-5004-LPA-2024 In LPA-2117-2024
1. For the reasons stated in the application, the same is allowed
and delay of 42 days in filing the appeal is condoned.
LPA-2117-2024 And Other Connected Appeals
2. Brief Facts
2.1 With the consent of the learned counsel representing the parties, the aforementioned four connected letters patent appeals shall stand disposed of by a common order.
2.2 This intra Court appeal has been filed by the management to challenge the correctness of the award passed by the Labour Court (LC) ordering reinstatement of the workmen with full back wages within a period of two months from the date of passing of the award and in case of any default, to pay compensation of ₹2,50,000/- along with interest @ 12% per annum from the date of alleged termination till payment thereof which has been upheld by the learned Single Judge on 14.05.2024 in the writ petitions.
The service details of the workmen are as under:-
| Sr. No. |
Case No. | Case Title | Reference No. before Labour Court. |
Appointed as |
Date of appointment |
Date of Termination |
Date of Award |
|
|---|---|---|---|---|---|---|---|---|
| DEEPAK KUMAR BHA 2024.10.29 10:30 I attest to the accura integrity of this docu |
1. RDWA cyan ment |
CWP- 24543 of J d |
M/s J.K.M. Overseas Pvt. |
213 of 2004 | ‘Tailor’ | 25.11.2001 | 15.10.2003 | 17.10.2017 |
Letters Patent Appeal No. 2177 of 2024 (O&M) 3 And Others Connected Cases
| 2018 | Ltd v. J.S.Shekhawat and Others |
|||||
|---|---|---|---|---|---|---|
| 2. CWP- 24915 2018 |
of M/s J.K.M. Overseas Pvt. Ltd v. Dinesh Kumar and Others |
216 of 2004 | ‘Tailor’ | 16.03.2002 | 15.10.2003 | 17.10.2017 |
| 3. CWP- 24916 208 |
of M/s J.K.M. Overseas Pvt. Ltd v. Giri Raj Singh @ Girij Singh and Others |
231 of 2004 | ‘Tailor’ | 17.06.2002 | 15.10.2003 | 17.10.2017 |
| 4. CWP- 24917 2018 |
of M/s J.K.M. Overseas Pvt. Ltd v. Fateh Singh and Others |
223 of 2004 | ‘Tailor’ | 26.05.2002 | 15.10.2003 | 17.10.2017 |
2.3 There is no dispute between the learned counsel representing
the parties that the services of the workmen were dispensed with on 15.10.2003 and not on 15.10.2004 as wrongly noted by the learned Single Judge and the workmen have not been paid the last drawn salary as envisaged under Section 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as “the 1947 Act”) after the date of the award passed by the LC on 17.10.2017 during the pendency of the writ petition which remained pending for nearly 5½ years.
3. Discussion and Analysis
3.1 Though the learned counsel representing the appellant has initially challenged the award, however, his attention was drawn to the finding of facts arrived at by the LC which were affirmed by the learned Single Judge with respect to the contractor’s license was relating to the work of loading, unloading, housekeeping, horticulture and security only. The learned counsel then gave up his challenge to the correctness of award on
DEEPAK KUMAR BHARDWAJ 2024.10.29 10:30 I attest to the accuracy andintegrity of this documentmerits. However, he submitted that while calculating the compensation there
Letters Patent Appeal No. 2177 of 2024 (O&M) 4 And Others Connected Cases
is an error in the order, which is not disputed. From the tabulated compilation, it is evident that J.S.Shekhawat worked for the period of 23 months, whereas the remaining workmen worked for nearly 18 months. Their last drawn salary was on an average of ₹3,000/- per month. From the date of the LC’s award, the matter remained pending before the learned Single Judge for a period of 67 months. Keeping in view the last drawn salary under Section 17-B of the 1947 Act the total of wages would be somewhere around ₹2,00,000/- to ₹2,25,000/-. The management’s counsel has submitted that he is prepared to pay appropriate compensation to the workmen towards full and final settlement. The learned counsel representing the workmen do not dispute, however, submit that the workmen should be awarded the compensation of ₹4,00,000/- each including the arrears of the payment under Section 17-B of the 1947 Act. One of the workmen, namely Fateh Singh is stated to have died.
4. Decision
4.1 Keeping in view the aforesaid facts, this Court is of the considered view that the ends of justice would be met if each of the workman is held entitled to ₹3,50,000/- each. This amount has been calculated by including the amount of salary which the workmen were entitled to under Section 17-B of the 1947 Act. The amount to the legal heirs of the workman, namely Fateh Singh shall be paid after verifying about his legal representatives. The amount be released to the workmen/legal representatives within a period of one month.
DEEPAK KUMAR BHARDWAJ 2024.10.29 10:30 I attest to the accuracy and integrity of this document
Letters Patent Appeal No. 2177 of 2024 (O&M) 5 And Others Connected Cases
4.2 With the observations made above, all the appeals are disposed of. The miscellaneous application(s) pending, if any, in all the four appeals, shall also stand disposed of.
(Anil Kshetarpal) (Sheel Nagu) Judge Chief Justice
October 22, 2024 “DK”
Whether speaking/reasoned :Yes/No Whether reportable : Yes/No
DEEPAK KUMAR BHARDWAJ 2024.10.29 10:30 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the compensation awarded to terminated workmen in lieu of reinstatement and back wages should be enhanced, including Section 17-B wages for pendency.
1 provisions across 1 enactments
M/s J.K.M. Overseas
J.S. Shekhawat
Dinesh Kumar
Giri Raj alias Girij Singh
Fateh Singh
Anil Kshetarpal
Sheel Nagu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
