Shashank Gupta , vs Mirc Electronics Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 2446

VIBHU BAKHRU, AMIT MAHAJAN
Shashank Gupta , – Appellant
Versus
Mirc Electronics Limited – Respondent

Advocates appeared:
Mr. Atul T.N., Ms. K. Pallavi, Ms. Vishal Choubey & Ms. Pragya Narayan, Advocates, for the Appellant.

JUDGMENT

Vibhu Bakhru, J.

1. The appellant has filed the present appeal impugning the Judgment dated 04.05.2023 (hereafter `the impugned judgment') passed by the learned Single Judge. By the impugned judgment, the learned Single Judge has upheld the award dated 03.08.2013 (hereafter `the impugned award') passed by the learned Labour Court in an industrial dispute raised by the petitioner (DID No.84/2010 captioned Sh. Shashank Gupta v. M/s MIRC Electronics Limited).

2. In terms of the impugned award, the learned Labour Court had accepted that the appellant was a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 (hereafter `ID Act') and his termination from the services of the respondent company (hereafter `MEL') was not in compliance with the provisions of the ID Act. Notwithstanding the above conclusion, the learned Labour Court declined the appellant's prayer for being reinstated with full back wages and awarded a lump sum compensation of Rs.5,00,000/- in lieu of the said relief.

3. The impugned award was assailed by the appellant workman as well as MEL by filing petitions under Article 226 of the Constitution of India, numbered as W.P.(C) 2410/2015