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2025 DAILYLAW 32258 (HP)

ISHWARI DEVI v. THE DIRECTOR M/S GINNI GLOBAL LTD AND ANOTHER

CWP/9688/2023 · 2025-07-17

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:23380 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9688 of 2023 Decided on: 17.07.2025 Smt. Ishwari Devi … Petitioner Versus The Director M/s Ginni Global Limited and another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Anand Sharma, Senior Advocate, with Mr. Karan Sharma, Advocate. For the respondents : Mr. Rahul Mahajan, Advocate, for the respondents. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “a. That the present Petition may very kindly be allowed and the impugned Award dated 28/4/2023, being vitiated under law being passed on non-consideration of material facts on record may very kindly be modified to the extent that the petitioner may kindly be granted the relief of reinstatement, with full-back wages, along with continuity in service and seniority along with her entitlement for regularization in services and all other consequential benefits were requisite to be granted to meet the ends of justice. b. That in alternate to prayer No 1, the present Petition may very kindly be allowed and the impugned Award dated 28/4/2023, may very kindly be modified to the extent that the petitioner may kindly be granted a respectable monetary compensation taking into consideration her long standing legal battle since 2013.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:23380 2. The petitioner is aggrieved by the Award dated 28.04.2023, passed by learned Labour Court-cum- Industrial Tribunal, Kangra at Dharamshala, H.P., in terms whereof, rather than ordering her reinstatement, compensation to the tune of Rs.2,00,000/- has been awarded to her. 3. When this matter was listed on 02.07.2025, during the course of hearing of the matter, this Court made an observation as to whether there is any possibility of some amicable settlement of the issues between the parties. 4. Today, Mr. Rahul Mahajan, learned counsel appearing for the respondent, on the basis of instructions received through e.mail from the respondent, which are ordered to be taken on record, submits that the respondent is willing to pay a total compensation of Rs.4,00,000/-, i.e. an enhancement of Rs.2,00,000/- over and above the Award that was passed by learned Labour Court, provided the same is accepted by the petitioner as full and final settlement and with the clear cut understanding that hereinafter, nothing shall be due to her from the respondent. 5. Learned Senior Counsel, appearing for the petitioner, on instructions of learned Instructing Counsel, submits that the aforesaid offer is acceptable to the petitioner and an amount of Rs.4,00,000/- shall be as full and final settlement and she shall not claim anything hereinafter from the respondent. 6. In the light of these developments, this petition is 3 2025:HHC:23380 disposed of by modifying the Award dated 28.04.2023, passed by learned Labour Court and enhancing the compensation to the tune of Rs.4,00,000/-, which shall be paid by the respondent to the petitioner in her Bank account positively within a period of four weeks from today and it is further ordered that the same shall be as full and final settlement of all the claims of the petitioner qua the respondent and hereinafter, the petitioner shall not claim anything on any account in lieu of her service rendered to the respondent from the respondent. Mr.Karan Sharma, learned Instructing Counsel, undertakes to provide the Bank account number of the petitioner to learned counsel for the respondent within a period of one week. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge July 17, 2025 (Rishi)