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Judgment
Sandeep Sharma, J
Since both the petitions, filed under Art. 226 of the Constitution of India, arise out of same award i.e. Award dated 12.10.2018 passed by learned Industrial Tribunal-cum-Labour Court, Shimla in Ref. No. 56 of 2017, they were tagged and heard together and are being disposed of by this common order.
By way of CWP No. 2961 of 2018, workman has laid challenge to aforesaid award, whereas by way of CWP No. 3693 of 2021, the employer has laid challenge to the same.
Vide award dated 12.10.2018, learned Industrial Tribunal-cum-Labour Court, Shimla, partly allowed the reference petition, thereby holding the workman entitled to reinstatement in service with seniority, whereas, it rejected the claim of the workman for backwages.
Employer has claimed in its petition that the workman does not fall within the definition of ‘workman’ as such, award passed by learned Tribunal below is not sustainable in the eye of law, whereas, workman has approached this Court, seeking backwages.
Before the petitions at hand could be heard and decided on merit, learned counsel for the employer, on instructions apprised this Court that the employer is ready and willing to make payment of Rs.1.00 Lakh to the workman, in lieu of reinstatement.
Having taken note of aforesaid offer made by learned counsel for the employer, this court adjourned the matter for today’s date, enabling learned counsel for the workman to have instructions.
Mr. Parveen Chandel, learned counsel for the petitioner in CWP No. 2961 of 2018, states that his client is ready and willing to receive lump sum compensation of Rs.1.00 Lakh in lieu of reinstatement, as ordered by learned Tribunal below
Consequently in view of above, settlement arrived inter se parties, impugned Award is modified to the extent that the workman shall be entitled to compensation of Rs.1.00 Lakh, in lump sum, in lieu of reinstatement/seniority. Employer is directed to pay Rs.1.00 Lakh to the workman, within four weeks, failing which, the employer(s), shall render themselves liable for penal action as well as proceedings under Contempt of Courts Act.
Both the petitions stand disposed of accordingly. The impugned Award stands modified to the afore extent. All pending applications, in both the petitions, also stand disposed of.