Balbir Singh Bisht v. M/S. A V Workshop Limited and Ors

POONAM A. BAMBA, J AUGUST 31st, 2023/csc

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2623/2015 Reserved on: 25.07.2023 Decided on: 31.08.2023 BALBIR SINGH BISHT ..... Petitioner Through: Mr. Vinod Kumar Singh, Adv. through VC. versus M/S. A V WORKSHOP LIMITED AND ORS. ..... Respondent Through: Ms. Gulafsha Kureshi, Mr. Abhishek Nair and Mr. Mayur Punjabi, Advs. CORAM: HON'BLE MS. JUSTICE POONAM A. BAMBA 1.0. Vide this petition, the petitioner has challenged the award dated 09.01.2015 passed by Ld. Presiding Officer, Labour Court-XIX, Karkardooma Courts, Delhi in LIR/D No. 136/2012, whereby the petitioner/workman was held to be entitled only to the retrenchment compensation and accordingly was awarded a lump-sum amount of Rs. 2,50,000/-. 2.0. Briefly stating, it is the case of the petitioner/workman that he was appointed as Technician by the management in the year 1988 and his last drawn monthly salary was Rs.24,300/- and he used to perform the duty in the Accounts Department also. He suffered brain hemorrhage in June 2011 and joined back his duties with the management on 01.07.2011 and worked upto 07.07.2011. He again proceeded on leave as his condition became worse. His services were illegally terminated w.e.f. 21.07.2011 vide termination letter dated 30.07.2011 and was paid 21 days" salary in August 2011. It is submitted that the petitioner"s services were terminated by leveling baseless allegations of theft and bungling etc. The petitioner challenged his termination and prayed that he be paid Rs. 40 lacs towards PF, bonus and other benefits. Industrial dispute was raised, which was referred to the Labour Court. 3.0. The aforesaid reference was answered by the Ld. Labour Court vide impugned award dated 09.01.2015, the relevant portion of which reads as under : "……… 15. Thus, it is clear that the services of the workman were illegally terminated on vague and flimsy grounds without assigning any reason to him for terminating his services and also without affording any opportunity to him to answer to the allegations made against him. Hence, this issue is also decided in favour of the workman and against the management. 16. The workman has sought compensation for the deterioration in his physical and mental condition as well as an amount of Rs.40 lacs towards PF, bonus and other benefits which he has not specified. It may be stated that PF and bonus cannot be claimed in an industrial dispute before the Labour Court as there are separate authorities for that purpose. As far as his claim for the reimbursement of his medical expenses are concerned, it may be stated that the workman himself admitted in the cross-examination that there was a medical insurance in his name for which the premium used to be paid by the management during his service tenure. Hence, he could have claimed the reimbursement of his medical expenses if any, directly from the insurance. The workman has further not given details as to how he arrived at an amount of Rs.40 lacs as claimed by him nor any breakup of that amount has been given . Hence, he is not entitled to the said amount, as claimed by him. Accordingly, this issue is decided in favour of the management and against the workman. ………………… 18.The workman has claimed to be unemployed since his termination. However, in his cross-examination he has deposed that he is the only bread earner of his family and was bearing education expenses for his elder children amount to Rs.3,90,000/- per annum apart from other expenses while his annual salary was Rs.2,60,400/-. He deposed that he had been borrowing money from relatives and was also withdrawing money from his PPF account but no supporting document has been filed. It is hard to believe that the relatives of the workman would be lending such huge amounts monthly to him without any hope of repayment which shows that the workman is gainfully employment and as such is not entitled to back wages. 19.As per Ex. RWl/3, the workman received three months' notice pay along with nine days" of salary for