O R D E R

% 14.02.2024

1. The present contempt petition has been filed alleging willful disobedience of the order dated 13th September, 2019 in W.P.(C) No. 2456/2019, wherein the parties had arrived at a settlement after they had been referred to the Delhi High Court Mediation and Conciliation Centre, by virtue of Settlement Agreement dated 24th July, 2019.

2. As per the terms of the said agreement, the petitioner was entitled to payment of Rs. 10,50,000/- by respondent no. 1 company. It was further noted in the Settlement that the said amount of Rs. 10,50,000/- shall be paid to the petitioner herein in five installments.

3. The Court vide order dated 13th September, 2019 had directed that in case there was a delay in making the payment to the petitioner, then the same shall carry interest at the rate of 9% per annum. The order dated 13th September, 2019 passed in W.P.(C) No. 2456/2019, reads as under:

“1. The present petition preferred under Articles 226 of the Constitution of India assails order dated 16.01.2018 as also the award dated 22.03.2018 passed by the learned Labour Court, Dwarka Courts, Delhi in LIR No.3893/2016 directing the petitioner to pay full back wages to the respondent for the period between 24.10.2011 to

30.11.2014.

2. Vide order dated 22.04.2019, the parties were referred to the Delhi High Court Mediation and Conciliation Centre, where they have arrived at an amicable settlement and have accordingly entered into a settlement agreement dated 24.07.2019. The terms of the settlement as set out in paragraph 7 reads as under:- “7. The following settlement has been arrived at between the Parties hereto;

a) It is agreed between the Parties that the first party shall pay an amount of Rs.10,50,000/- (Rupees Ten Lakhs Fifty Thousand only) to the second party towards full and final settlement of this very award including interest and leave encashment etc but excluding the claim of gratuity, if any, against the first party.

b) The first party has agreed to pay the aforesaid settlement amount of Rs.10,50,000/- (Rupees Ten Lakhs Fifty Thousand only) to the second party in the following manner:- (i) Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) at the time of signing of the present settlement agreement by way of cheque No.898918 dated 23.07.2019 drawn on Yes Bank, Ashok Marg, C Scheme, Jaipur paid before Samadhan.

(ii) The balance amount of Rs. 8,00,000/- (Rupees Eight Lakhs only) shall be paid in four monthly installment of Rs. 2,00,000/- (Rupees Two Lakhs only) each payable on 24.08.2019, 24.09.2019, 24.10.2019 and finally on

24.11.2019.

c. That in case the first party fails to pay any installment, then the first party shall be liable to pay the entire amount of award of Rs. 12,26,796/- with interest @ 9% subject to deduction of amount already paid to the second party till then.

d. It is also clearly understood and agreed by the parties, the first party/management in particular, that the present settlement agreement relates only to the present petition bearing W.P (C) No. 2456/2019 and shall not include the recovery by the second party against the first party/ management in terms of award in LIR No. 4149/2015 execution of which is pending before Deputy Labour Commissioner vide Diary No. 1553 dated 25.10.2018.

e. It is further agreed between the Parties that on receipt of the entire settlement amount of Rs. 10,50,000/- by the second party from the first party in five installments, the second party shall be left with no claim with respect to order dated16.01.2018 and award dated 22.03.2018 in Old ID No. 127/12 LIR No.3893/16 Unique ID 02402C0224622012 passed by Sh. Umed Singh Grewal, Ld.Presiding Officer, Labour Court, POLC-XVII, Dwarka Delhi.

f. It is further agreed by the second party that she shall not make any claim against the second party towards her leave encashment, medical and LTC, if any from the first party, however, it is agreed by the parties that she shall be entitled to make her claim for her gratuity amount as