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2023 Supreme(Del) 83

DINESH KUMAR SHARMA
Vikas Kumar – Appellant
Versus
South Delhi Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Meghna De & Mr.L.Gangmei, Advs.
For the Respondent: Mr. Arun Birbal, Mr. Sanjay Singh, Advs.

JUDGMENT :

DINESH KUMAR SHARMA, J.

PREFACE

1. Present writ petition has been filed by the petitioner workman challenging the impugned Award dated 25.07.2015 passed by the Ld. POLC– IX, Karkardooma Courts, Delhi in I.D. No.771/2014 (Old ID No. 83/07). In the impugned Award the learned Labour Court, while deciding in favour of the petitioner workman and against the management, has awarded compensation to the workman to the extent of 50% of the minimum wages from the date of receiving of the reference in the Court till the date of award, in lieu of reinstatement, back wages and all other consequential benefits.

The relief as granted by the learned Labour Court vide the impugned Award reads as under:

    “33. Now coming to the relief part. The workman has claimed reinstatement in service with continuity and full back wages along with all consequential benefits. This court is of opinion that since the present dispute is pending between the workman and the management since 09.02.07 i.e. for about 8&1/2 years, reinstatement of workman in service would not be in the interest of both the parties and as such instead of ordering the reinstatement, this court deems it proper to award compensation in fa

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