W.P.(C)--1323/2010. Case: M/S TATA SONS LTD. Vs. WORKMEN & ANR. High Court of Delhi (India)
| Case Number | W.P.(C)--1323/2010 |
| Citation | NA |
| Judgement Date | December 15, 2014 |
| Court | High Court of Delhi (India) |
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 15.12.2014
W.P.(C) 1323/2010
M/S TATA SONS LTD. ..... Petitioner versus
WORKMEN & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr Sanjoy Ghosh, Advocate
For the Respondents : Mr Sudhir Kathpalia, Advocate for R-1E along with Ms Hema Palliwal,
Legal Representative of R-1E
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
J U D G M E N T SIDDHARTH MRIDUL, J (ORAL)
CM No.20369/2014
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The present is an application analogous to Order XXIII Rule 3 with Section 151 CPC, 1908 for recording of compromise between petitioner and one Ms Hema Palliwal, the legal representative of late Ramesh Chand (respondent No.1E).
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The present writ petition assails the Award dated 24.09.2009 passed by the learned Presiding Officer, Industrial Tribunal No.II in
No.330/2001 whereby the respondents workmen including late Shri Ramesh Chand (respondent No.1E) had been held to be the employee of petitioner and a direction had been issued to reinstate them with exception of late Shri Ramesh Chand (respondent No.1E), with backwages. The workman late Shri Ramesh Chand (respondent No.1E) who had expired during the pendency of the labour dispute was held entitled 30% backwages from the date of his alleged termination from service till the date of his death, except the period when the said Ramesh Chand might have worked with Apartments Residents Welfare Association (respondent No.2 in the present writ petition).
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This Court vide order dated 05.03.2010, was pleased to stay operation of the Award dated 24.09.2009, subject to the deposit of the Award amount with the Registrar General of this Court within six months from date of the order. In compliance of the order dated 05.03.2010, a demand draft bearing No.005729 dated 11.03.2010 for Rs.4,75,526/- in favour of the Registrar General, Delhi High Court was deposited. It is urged by learned counsel appearing on behalf of the parties that a sum of Rs.52,275/-fell to the share of the deceased Ramesh Chand (respondent No.1E). Subsequently, the petitioner moved an application being CM No.1721/2012
for the substitution of the legal representative of the deceased responde (including respondent No.1E). The said application was allowed by way order dated 03.05.2012. By the said order dated 03.05.2012, this directed that the amount deposited by the petitioner be released in favour the respondents, including legal representatives of the deceased...
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