04.09.2025 Date o Subhash Cha sh Chander v. Mr. Jolly Jos lly Joseph Kochery, Director and othe d others
Case Details
CM-14036 COCP-1542 36-CII-2025 in/and 1542-2023 -1- IN THE HI E HIGH COURT OF PUNJAB AND H ND HARYANA AT CHANDIGARH 101+210 -14036-CII-2025 in/and CM- COCP-1542-2023 COCP Date of Decision: 04.09.2025 Date o Subhash Cha sh Chander .… Petitioner Versus Mr. Jolly Jos lly Joseph Kochery, Director and othe d others .... Respondents CORAM: H
Legal Reasoning
M: HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present: - ocate Mr. Sukhdev Singh, Advocate r (through Video Conferencing). for the applicant-petitioner (thro Mr. SS Brar, Advocate for the r r the respondent(s). NIDHI GUP I GUPTA, J. (ORAL) CM-14036 4036-CII-2025 Prayer in this application filed s for filed under Section 151 CPC is for bringing on ng on record the subsequent develo onal development and filing additional documents ( ents (Annexures A to C). Heard. For the reasons mentioned in e is ed in the application, the same is allowed and and additional documents (Annexu with nnexures A to C) filed along with the applicati plication are taken on record, subject to bject to all just exceptions. COCP-1542 1542-2023 1. The present Contempt Petiti Petition has been filed alleging ging non-complia mpliance of order dated 13.02.2015 .2015 (Annexure P-1) passed by a by a co-ordinate inate Bench of this Court in CWP ctor CWP-2541-2015 titled as ‘Director M/s ISS Fac S Facility Services and another vs. Su Subhash Chander and another’, whereby it w by it was directed that ‘in the meantim ed antime, operation of the impugned RISHU KATARIA 2025.09.09 18:39 I attest to the accuracy and authenticity of this order/judgment. CM-14036 COCP-1542 36-CII-2025 in/and 1542-2023 -2- award shall hall remain stayed subject to comp he ompliance of Section 17-B of the Act for whic which four weeks’ time is afforded to ed to the petitioners’. 2. Learned counsel for the petition petitioner submits that the aforesaid order of thi of this Court has not been impleme any plemented till date, despite many efforts by a by approaching the respondent-C The Company time and again. The petitioner ev ner even sent a legal notice dated 2), dated 28.02.2023 (Annexure P-2), however, no ereof. er, no response was received thereof. 3. Learned counsel for the respon erts respondents vehemently controverts the submissi bmissions of learned counsel for the that the petitioner by submitting that vide judgme dgment dated 19.04.2024 (Annexure ring exure –A), 04 writ petitions bearing (i) CWP-25 2541-2015 titled as ‘Director M and tor M/s ISS Facility Services and another vs. vs. Subhash Chander and another’; d as ’; (ii) CWP-2542-2015, titled as ‘Director M tor M/s ISS Facility Services and an and and another vs. Satish Kumar and another’; (ii ’; (iii) CWP-2543-2015 titled as ility d as ‘Director M/s ISS Facility Services and es and another vs. Naresh Sharma an rma and another’; and CWP-2544- 2015 titled a titled as ‘Director M/s ISS Facility S unil ility Services and another vs. Sunil Kumar and r and another’; have been finally d nate ally disposed of by a co-ordinate Bench of thi of this Court, whereby it was directed irected as follows:- “11. ……..Moreover, taking in ull ng into consideration that the full back wages have been award he warded by the Tribunal for the period respondent No.1- work ice orkman remained out of service i.e. 01.05.2011 (date of termina ng mination) till 10.10.2014 (passing of the award) which are to be st be counted at the rate of his last drawn salary i.e Rs.10,000/- pe ed per month, he would be entitled to the total amount of around ur ound Rs.4,10,000/- (Rupees Four lakh ten thousand only) towards ards back wages. 12. Therefore, Managemen ement is directed either to to implement the impugned a d award or in all respects or RISHU KATARIA 2025.09.09 18:39 I attest to the accuracy and authenticity of this order/judgment. CM-14036 COCP-1542 36-CII-2025 in/and 1542-2023 -3- alternatively, pay a lump sum of sum amount of compensation of Rs.5,00,000/-(Rupess Five Lacs in Lacs), to each of the workman in all the four writ petitions and s he nd said amount would include the benefit granted by learned Lab ck Labour Court towards the back wages also.” 4. Leaned counsel for he respondents submits the re that in in compliance iance of said direction payment of ₹ the ₹5,00,000/- was released to the petitioner w ner which has been acknowledge wledged by vide the petitioner vide acknowledge wledgement dated 17.10.2024 (An as (Annexure-B) which reads as follows:- “I, Subhash Chander At R er Atri, confirm acceptance in INR 5,00,000/- (Rupees Five Lacs Services India Pvt. Ltd., Plot ity acs only) from M/s. ISS Facility lot No. 37, 2nd Floor, Sector 18, 8, Gurugram, Haryana (India) ia) vide demand draft bearing number – “006261” Dated he ted 02/08/2024 drawn on The Hongkong and Shanghai Ba ted i Banking Corporation Limited being the amount of compensa he ensation in compliance with the order dated 19 April 2024 of H na of Hon’ble Punjab and Haryana High Court in Civil Writ Petitio etition No. 2541 of 2015” 5. Accordingly, learned counsel mits unsel for the respondents submits that nothing thing survives in the present petition a osed tition and the same may be disposed of. 6. Learned counsel for the petiti that petitioner now acknowledges that payment of nt of ₹5,00,000/- has been made to th e of to the petitioner in compliance of the order dat der dated 19.04.2024 (Annexure A) wh h of A) whereby a co-ordinate Bench of this Court ha
Decision
ourt had finally disposed of the aboves bovesaid 04 writ petitions. 7. Heard. RISHU KATARIA 2025.09.09 18:39 I attest to the accuracy and authenticity of this order/judgment. CM-14036 COCP-1542 36-CII-2025 in/and 1542-2023 -4- 8. In view of the above admitted p are itted position, no further orders are required to b ed to be passed in the present petition, , tition, the same stands disposed of, as having be ing been rendered infructuous. 9. 10. Rule stands discharged. Pending application(s), if any, s any, shall also stand disposed of. 2025 04.09.2025 rishu ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned ned Yes/No Whether Reportable Yes/No RISHU KATARIA 2025.09.09 18:39 I attest to the accuracy and authenticity of this order/judgment.