Punjab & Haryana HC Directs PWD To Pay One Time Full & Final Lump-Sum Amount Of Compensation To Settle Dues Of Workmen
The Punjab and Haryana High Court directed the Public Works Department (PWD) of Punjab to pay one-time full and final lump-sum compensation to settle a workman's dues in a two-decade-old case.
The Bench referred to the decision of the division bench of the High Court in BCH Electric Limited v. Presiding Officer, Labour Court-I (CWP-10925-2013) to hold that the dues of a workman could be settled by an alternate relief of directing the Management to pay one time full and final lump-sum amount of compensation.
A Single Bench of Justice Sanjay Vashisth observed, “The grouse of the workman can be settled by directing Management to pay one time full and final lump-sum amount of compensation, to the workman…Workman had worked in the office of Management for about 11 months, and the dispute being more than two decades old, this Court deems it appropriate to direct the Management to pay a lumpsum amount of Rs.4,00,000/- as compensation to workman, within a period of three months from today i.e. on or before 10.08.2024, failing which, Management would be liable to pay the lump-sum amount of compensation of Rs.4,00,000/- (Rupees Four lacs) along with interest @ 6% per annum, from 10.08.2024 onwards.”
DAG Amit Chaudhary represented the petitioners, while Advocate R.K. Gautam appeared for the respondents.
The workman was employed on a daily wage basis starting in 1995, with his services reportedly terminated eleven months later without notice, notice pay or retrenchment compensation. The Labour Court found that the workman had worked continuously for more than 240 days, thus entitling him to protections under Section 25-F of the Industrial Disputes Act, 1947. The Labour Court ordered his reinstatement but without back wages.
“This Court has noticed that in the writ petition bearing CWP No. 19981 of 2002 filed by the Management, operation of the impugned award was stayed by the Division Bench of this Court vide order dated 17.12.2002, subject to the provisions of Section 17-B of the Act of 1947. The fact has also emerged during the course of hearing before this Court that the workman was being paid back wages uptill October, 2018, but thereafter never any amount was paid,” the court remarked.
The Court stated, “After getting instructions from the workman, who is present in Court, counsel submits that the workman is 70 years of age. Therefore, this could be the reason for not paying back wages w.e.f October 2018, as the workman had attained the age of superannuation. However, due to the stay of the operation of the impugned award, workman was never reinstated in service.”
Consequently, the Court directed the PWD to pay a lumpsum amount of Rs.4,00,000 as compensation to the workman.
Accordingly, the High Court disposed of the petition.
Cause Title: The Secretary to Govt. of Punjab, PWD v. Mohan Singh & Anr. (Neutral Citation: 2024:PHHC:065696)
Appearance:
Petitioners: DAG Amit Chaudhary
Respondents: Advocates R.K. Gautam and Vishal Gautam
