BALWAN SINGH BALWAN SINGH v. PARDEEP KUMAR NARWAL AND OTHERS PARDEEP KUMAR NARWAL AND OTHERS PARDEEP KUMAR NAR
Case Details
196 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH COCP-461-2025 2025 February 17, 2025 Date of Decision: February 17, 2025 Date of Decision: BALWAN SINGH BALWAN SINGH ........Petitioner Versus PARDEEP KUMAR NARWAL AND OTHERS PARDEEP KUMAR NARWAL AND OTHERS PARDEEP KUMAR NARWAL AND OTHERS ........Respondents
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Tara Mr. Tara Chand Dhanwal, Advocate for the Mr. Amit Aggarwal, DAG, Haryana. Mr. Amit Aggarwal, DAG, Haryana. Mr. Amit Aggarwal, DAG, Haryana. Advocate for the petitioner. HARKESH MANUJA, J. (ORAL) HARKESH MANUJA **** present petition filed under Sections 11 and 12 of By way of present petition filed under Sections 11 and 12 of present petition filed under Sections 11 and 12 of By way of the Contempt of Courts Act, 1971, prayer has been made for initiation the Contempt of Courts Act, 1971, prayer has been made for initiation the Contempt of Courts Act, 1971, prayer has been made for initiation the Contempt of Courts Act, 1971, prayer has been made for initiation of contempt proceedings against the respondents on account of alleged of contempt proceedings against the respondents on account of alleged of contempt proceedings against the respondents on account of alleged of contempt proceedings against the respondents on account of alleged ourt compliance of order dated 30.07.2024 passed by this Court compliance of order dated 30.07.2024 passe willful non-compliance of order dated 30.07.2024 passe in LPA-1428-2018 - . The order dated 30.07.2024 is extracted hereunder:- 2018. The order dated 30.07.2024 is extracted hereunder: Court Appeal assails the order of the learned “This Intra-Court Appeal assails the order of the learned Court Appeal assails the order of the learned 2012 causing Single Judge dated 24.04.2018 passed in CWP-25785-2012 causing Single Judge dated 24.04.2018 passed in CWP Single Judge dated 24.04.2018 passed in CWP Industrial interference in the Award dated 13.02.2012 passed by Industrial interference in the Award dated 13.02.2012 passed by interference in the Award dated 13.02.2012 passed by Tribunal- Labour Court, Hisar -cum-Labour Court, Hisar 1), (Annexure P-1), (Annexure P reinstating reinstating wages, to the extent of declining the appellant-workman with back-wages, to the extent of declining the wages, to the extent of declining the appellant instatement due to delayed raising of dispute by workman, relief of re-instatement due to delayed raising of dispute by workman, instatement due to delayed raising of dispute by workman, relief of re of Rs. 5 lacs in lieu of and instead, directing payment of compensation of Rs. 5 lacs in lieu of and instead, directing payment of compensation and instead, directing payment of compensation instatement re-instatement 2. During the course of arguments, an offer was made by 2. During the course of arguments, an offer was made by 2. During the course of arguments, an offer was made by employer for grant of compensation to the tune of Rs. 7 the respondent-employer for grant of compensation to the tune of Rs. 7 employer for grant of compensation to the tune of Rs. 7 the respondent - lacs which has been accepted by learned counsel for the appellant which has been accepted by learned counsel for the appellant- which has been accepted by learned counsel for the appellant workman for drawing curtains to the controversy at hand. workman for drawing curtains to the controversy at hand. workman for drawing curtains to the controversy at hand. 3. Accordingly, the appeal stands disposed of based on 3. Accordingly, the appeal stands disposed of based on 3. Accordingly, the appeal stands disposed of based on the consensus arrived at between the rival parties. the consensus arrived at between the rival parties. the consensus arrived at between the rival parties. 4. The employer respondent-employer s directed is directed i to pay to pay workman within a compensation amount of Rs. 7 lacs to the appellant-workman within a compensation amount of Rs. 7 lacs to the appellant compensation amount of Rs. 7 lacs to the appellant period of 15 days failing which the said amount shall carry interest @ period of 15 days failing which the said amount shall carry interest @ period of 15 days failing which the said amount shall carry interest @ period of 15 days failing which the said amount shall carry interest @ 6% per annum to be calculated from the date of the Award dated 6% per annum to be calculated from the date of the Award dated 6% per annum to be calculated from the date of the Award dated 6% per annum to be calculated from the date of the Award dated 13.02.2012.” 13.02.2012. TEJWINDER SINGH 2025.02.19 09:40 I attest to the accuracy and integrity of this document COCP-461-2025 -2- Having failed to comply with the aforesaid order, the petitioner was compelled to approach this Court by way of present contempt petition, wherein notice was issued on 30.01.2025. Learned counsel for the respondents on instructions from respondent No.1-District Education Officer who is present in-person very fairly submits that a sum of Rs.7,00,000/- has been credited to the account of the petitioner and the interest at the rate of 6% per annum as directed by the Division Bench to be calculated from the date of award dated 13.02.2012 till the release of compensation shall be paid to the petitioner at the earliest. In view of the aforesaid, learned counsel for the petitioner does not press the present petition. Dismissed as not pressed. Rule discharged. Considering the conduct of the respondents wherein they failed to comply with the directions issued by the Division Bench regarding deposit of compensation amount within 15 days and purely in order to safeguard the interest of the petitioner, the respondents are granted another opportunity towards release of interest, however, salary of respondent No.1 shall not be released till the time the amount of interest is released to the petitioner as directed by Hon’ble the First Division Bench of this Court. 17.02.2025 Tejwinder Whether speaking/reasoned Whether Reportable (HARKESH MANUJA) JUDGE Yes/No Yes/No TEJWINDER SINGH 2025.02.19 09:40 I attest to the accuracy and integrity of this document