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2025 DAILYLAW 96709 (PNJ)

DAINIK BHASKAR CORPORATION LIMITED v. GURPREET SINGH AND OTHERS

CR/6133/2025 · 2025-09-24

Parmod Goyal

body2025

Judgment text

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-1- 118 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR-6133-2025 Date of decision:24.09.2025 Dainik Bhaskar Corporation Limited ...Petitioner versus Gurpreet Singh and Others ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. P.S. Khurana, Advocate for petitioner. *** PARMOD GOYAL, J. (ORAL) 1. Petitioner is aggrieved by order dated 07.08.2025 (Annexure P/4) passed by Executing Court presided by Civil Judge (Senior Division), Fatehgarh Sahib, Punjab vide which objections preferred by petitioner were dismissed. 2. Perusal of impugned order shows that along with present objections, judgment-debtor had filed another set of objections which were dismissed by Executing Court vide order dated 29.07.2025. Civil Revision No.5530 of 2025 preferred by petitioner against the order of Executing Court was also dismissed by this Court as in the absence of any stay, Executing Court was found duty bound to execute the award dated 27.02.2024 (Annexure P/2) passed by Industrial Tribunal and Labour Court, U.T., Chandigarh. 3. It is the case of petitioner that in the award no specific amount is mentioned and therefore award is a preliminary award and unless amount payable is quantified, the execution proceedings cannot proceed SUNIL CHANDER 2025.09.26 11:46 I attest to the accuracy and integrity of this document CR-6133-2025 -2- and learned Court has wrongly rejected its objections. 3. On consideration, I do not find any merit in the contention raised on behalf of petitioner. Operating part contained in paragraph No.14 of award dated 27.02.2024 passed by Industrial Tribunal and Labour Court, U.T., Chandigarh is reproduced hereunder:- "In view of the discussion made above, the workman is entitled to the wages for the period from 11.11.2011 to 01.12.2022 as per the Majithia Wage Board recommendations after deduction of wages drawn by him during the above said period. Accordingly, the present reference is ex-parte allowed and answered in favour of the workman to the effect that the workman is held entitled to the wages for the period from 11.11.2011 to 01.12.2022 as per the Majithia Wage Board recommendations after deduction of wages drawn by him during the above said period. The management is directed to comply with the award within three months from the date of publication of the same in Government Gazette failing which the management is liable to pay interest at the rate 8% per annum on the amount consequential benefits from the date of this award till its actual realisation." 4. On perusal of operative part of award under execution, it is clearly made out that there is no ambiguity in the directions/order passed by learned Labour Court. Learned Labour Court has specifically held respondent-decree holder entitled to wages from 11.11.2011 to 01.12.2022 as per Majithia Wage Board's recommendations after deduction of wages drawn by him during the said period. It is not the case of petitioner that petitioner is not aware about Majithia Wage Board's recommendations. Therefore, it is clearly made out that in award passed SUNIL CHANDER 2025.09.26 11:46 I attest to the accuracy and integrity of this document CR-6133-2025 -3- by learned Labour Court it was the duty of petitioner to calculate arrears after granting wages as per Majithia Wage Board's recommendations, deducting wages already paid to workman-decree holder. All the consequential benefits were to be granted by petitioner-employer. 5. The judgment debtor-petitioner is bound to calculate and make the payment as per Majithia Wage Board's recommendations after deducting wages already paid to the workman and by adding all consequential benefits as ordered by Tribunal. For its own failure, petitioner cannot seek stay over execution of the award. It is, however, made clear that in case, calculations are made and payment is made before the Executing Court within two weeks, then Executing Court shall not proceed with the same till it finds same not as per award. However, in case in next 15 days, payment is not made, the Executing Court shall be free to proceed with the execution in accordance with law. It is further made clear that it would be duty of petitioner to show due calculations to the Executing Court as per Majithia Wage Board's recommendations at the time of depositing amount due and executing Court shall accordingly, proceed in the matter. 6. Present Civil Revision is accordingly disposed of. (PARMOD GOYAL) JUDGE 24.09.2025 Sunil Chander SUNIL CHANDER 2025.09.26 11:46 I attest to the accuracy and integrity of this document