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CWP No. 19747 of 2020 (O&M) and other connected cases 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (212) CWP No. 19747 of 2020 (O&M) Date of Decision : 23.05.2025 Rajinder Singh ...Petitioner Versus
Speed Fiat and another ...Respondents (212/2) CWP No. 22738 of 2020 (O&M) Ajay Kumar ...Petitioner Versus
Speed Fiat and another ...Respondents (213) CWP No. 22687 of 2020 (O&M) Hardeep Singh ...Petitioner Versus Speed Fiat and another ...Respondents (214) CWP No. 22750 of 2020 (O&M) Ashok Kumar ...Petitioner Versus Speed Fiat and another ...Respondents
CORAM:
HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Vikram Bali, Advocate for the petitioner(s) in all cases. Mr. Pawandeep Singh, Advocate and Mr. Anand Vardhan Khanna, Advocate for respondent No. 1 in all cases. *** Kanchan 2025.05.28 17:53 I attest to the accuracy and integrity of this
order/judgment
CWP No. 19747 of 2020 (O&M) and other connected cases 2 Harsimran Singh Sethi J. (Oral)
1. In the present bunch of 04 petitions, the details of which have been given in the heading, the grievance of the petitioner(s) is that vide Award dated 11.09.2019, the benefit of reinstatement and back wages have been denied by the Labour Court and that too without appreciating the facts and the material evidence which have been brought on record.
2.
Learned counsel for the petitioner(s) argues that as per the findings recorded by the Labour Court, the petitioner(s) had left the job and that too after settling their dues hence, it cannot be said that the services of the workmen were terminated, especially when the employer had closed the establishment and that too after giving due entitlement of the workmen under the Industrial Disputes Act, 1947 (hereinafter referred to as ‘1947 Act’).
3.
Learned counsel for the petitioner(s) further argues that though, the establishment has been closed but, the dues have not been given hence, the finding recorded in the Award dated 11.09.2019 passed by the Labour Court is contrary to the evidence which were brought on record.
4. I have heard learned counsel for the parties and have gone through the record with their able assistance.
5. A concrete finding has been recorded by the Labour Court that a ₹ sum of 19,111/- has been paid by the Management, copy of the monthly status report which has been exhibited as ‘O-1’ so as to ensure that the workmen had settled their dues with the Management. The workmen had also conceded the said fact during the cross-examination as per para 12 of the Award dated 11.09.2019 passed by the Labour Court. Kanchan 2025.05.28 17:53 I attest to the accuracy and integrity of this
order/judgment
CWP No. 19747 of 2020 (O&M) and other connected cases 3
6. Once, the respondent-Management had been closed and the dues of the petitioners-workmen had been settled as per 1947 Act, it cannot be said that the services of the petitioners-workmen were terminated in an arbitrary manner. The findings which have been recorded by the Tribunal are in-consonance with the facts and the evidence, which has been brought on record. The impugned Award can only be interfered in case the same is found to be perverse to the facts and evidence brought on record. Learned counsel for the petitioner(s) has not been able to rebut the finding as per facts and evidence on record. Keeping in view the totality of the circumstances, where the dues of the workmen had already been settled and the respondent- Management had already closed and is not working hence, no ground is made out for any interference by this Court in the impugned Award dated
11.09.2019.
8. Dismissed.
9. Pending miscellaneous application, if any, also stands disposed of.
10. A photocopy of this order be placed on the file of connected cases. May 23, 2025 (HARSIMRAN SINGH SETHI) kanchan JUDGE Whether speaking/reasoned : Yes Whether reportable : No Kanchan 2025.05.28 17:53 I attest to the accuracy and integrity of this
order/judgment