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2025 DAILYLAW 79490 (ALL)

MARIAMPUR SENIOR SECONDARY SCHOOL v. PRESIDING OFFICER LABOUR COURT -(1) AND ANOTHER

WRIC/25257/2025 · 2025-08-19

Prakash Padia

body2025

Judgment text

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In Chamber Case :- WRIT - C No. - 25257 of 2025 Petitioner :- Mariampur Senior Secondary School Respondent :- Presiding Officer Labour Court -(1) And Another Counsel for Petitioner :- Karshit Nigam Counsel for Respondent :- C.S.C.,Sachin Dubey Hon'ble Prakash Padia,J. 1. After hearing counsel for the parties following order was passed by this Court on 14.08.2025 :- "1. Heard Sri S. S. Nigam, learned Senior Counsel assisted by Sri Karshit Nigam, learned counsel for the petitioner and Sri Sachin Dubey, learned counsel for the respondent no.2-workman/Shri Prahlad. 2. The award dated 26.03.2025 passed by the Presiding Officer, Labour Court-I, U.P., Survoday Nagar, Kanpur in Adjudication Case No.29 of 2010 published in the official gazette on 19.05.2025 is under challenge in the present writ petition. By the aforesaid order direction was given to the petitioner to reinstate the respondent no.2-workman in service along-with entire back wages. 3. It is argued by Sri S. S. Nigam, learned Senior Counsel that in so far as reinstatement part is concerned, as per the evidence of the workman itself, which was given in the year 2017 at that particular time he was aged about 55 years hence as on date he has already attained the age of superannuation hence respondent no.2- workman could not be reinstated in service. It is further argued that in so far as award of back wages are concerned, nothing has been stated in the entire award that whether the workman was gratefully employed any where else or not during that period. The direction given is per-se illegal and the back wages were awarded without application of mind. Apart from the same, it is further argued by learned Senior Counsel that award has been made by the Labour Court in complete violation of the law laid down by the Hon'ble Apex Court from time to time and in this regard he placed reliance upon in the case of State of Uttarakhand and others Vs. Sureshwati reported in (2021) 3 SCC 108 and Municipal Corporation, Faridabad Vs. Siri Niwas reported in (2004) 8 SCC 195. 4. After going through the records, the Court is of the prima facie opinion that matter could be settled between the parties without relagating the matter before the Labour Court itself. In this view of the matter, a proposal has been made by the Court to the counsel for the parties for settlement of the matter outside the Court. In case all the averments made in the award assumes true as per salary slip reliance of which has been placed by the workman the total amounts come to Rs.6 lacs. 5. In this view of the matter, the Court is of the prima facie opinion that the matter could be settled in case employer will make the 50% of the aforesaid amount to the workman namely-Shri Prahlad, i.e., a sum of Rs.3 lacs. 6. In this view of the matter, some responsible officers of the petitioner as well as respondent no.2 namely /Shri Prahlad is directed to appear before this Court for the settlement of the dispute on 20.08.2025 in chamber. 7. List on 20.08.2025 in chamber at 3.45 p.m." 2. Pursuant to the aforesaid, Principal and Manager of the institution namely Shiny Thomas and Rupa is present before this Court. 3. It is informed by Sri Sachin Dubey, learned counsel for the respondent no.2- workman that due to some injury he is not able to appear before the Court as per direction dated 14.08.2025. It is argued by him that his client is ready and willing to settle the dispute as per the order dated 14.08.2025. 4. Heard Principal and Manager of the institution in question and Sri Sachin Dubey, learned counsel for the respondent-workman/Prahlad. 5. In the facts and circumstances of the case and also in the interest of justice, the award dated 26.03.2025 published on 19.05.2025 passed in Adjudication Case No.29/10 (Prahlad Vs. Principal Mariampur Senior Secondary School) is modified and payment of Rs.3,25,000/- (three lacs twenty five thousand) in favour of the workman will be treated as full and final payment. It is made clear that the parties will not initiate any further proceedings before any court of law pursuant to the aforesaid award in future. 6. Sri Sachin Dubey, learned counsel for the respondent-workman is directed to handover the aforesaid cheque to the workman/respondent no.2 within ten days. 7. In view of the same, present writ petition is disposed of. Order Date :- 20.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad