Delhi Press Patra Parkashan Private Ltd. vs Bijender Singh and Others

Ranjit Singh, J.—The challenge is made to an exparte award by Petitioner-Delhi Press Patra Parkashan Private Limited. It may be observed that exparte award normally may have to be remanded back to the Court for deciding it on merits but this Court may not adopt the said course as parties have amicably settled the dispute. The workman, by now, has superannuated. The counsel for the parties were given time to have instructions if the dispute can be amicably settled and they both have come up with respective proposals.

The counsel for the Petitioner says that total amount due to the Respondent-workman, as per the award, would work out to be `66,000/-. As per the counsel, he has instructions to make an offer of payment of Rs. 33,000/-to finally settle the issues for all times to come. Counsel for Respondent-workman, however, says that this is little less and he will pray for enhancing the same upto Rs. 50,000/-as full and final settlement, which amount was deposited and the workman was permitted to withdraw.

The dispute, thus, has narrowed down to the quantum only. Both the parties have made fair offers. Learned Senior counsel has also drawn my attention to the fact that a sum of ` 50,000/-was deposited by the Petitioner before this Court as per the order dated 10.12.2009 and the Petitioner was permitted to withdraw the same. To finally settle the dispute, this sum seems to be a fair compensation, as otherwise the result would only be another round of litigation.

The writ petition is, therefore, allowed and the ex-parte award is set-aside subject to the condition that the Respondent-workman shall entitled to a sum of Rs. 50,000/-, which has already been deposited by the Petitioner and which he has withdrawn as full and final settlement of the dispute between the parties. It is ordered accordingly.