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IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH
COCP COCP COCP COCP----46 46 46 4658 58 58 58----2025 (O&M) 2025 (O&M) 2025 (O&M) 2025 (O&M) Date of decision : Date of decision : Date of decision : Date of decision : 11 11 11 11.09 .09 .09 .09.2025 .2025 .2025 .2025
Rani Kaur
...Petitioner
Versus
Sukhbir Singh
...Respondent
CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN
CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN
CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN
CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN
Present: Mr. Hitesh Verma, Advocate,
for the petitioner.
HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral)
1.
The instant petition has been filed for initiation of contempt proceedings against the respondent for willfully disobeying the directions passed by the Writ Court vide order dated 18.03.2025 (Annexure P-1) in CWP-13915-2022, whereby, the following directions were issued:-
“12. Keeping in view the fact that the Award dated 09.08.2021 has been set-aside and in the case of the similarly situated employees, interest has also been granted from the date of the Award, the petitioner(s) will also be entitled for interest @ 6% per annum from the date of the Award till the actual payment of the same.
13. Let the present order be complied within a period of eight weeks from the date of receipt of certified copy of this order.”
2.
Learned counsel for the petitioner submits that despite the aforesaid directions, nothing has been paid to the petitioner.
3.
Keeping in view the facts and circumstances of the case, issuance of notice to the respondent is dispensed with.
ATUL SETHI 2025.09.18 17:51 I attest to the accuracy and authenticity of this document Chandigarh
4.
I have considered the aforesaid submissions and perused the paper-book.
5.
Sections 11(9) and 11(10) of the Industrial Disputes Act, 1947 (for short, ‘the Act’) reads as under:-
“(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908 (5 of 1908). (10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it.”
6.
In view of the above legal provisions, the petitioner has a remedy to file petition before the Executing Court under Sections 11(9) & 11(10) of the Act, for execution of the Award passed by the Industrial Tribunal, as such, present petition is disposed of with liberty to the petitioner to avail appropriate remedy before the competent Court, as per law.
7.
Pending miscellaneous application(s), if any, shall also stand disposed of.
11 11 11 11.09 .09 .09 .09.2025 .2025 .2025 .2025
[HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] atulsethi
JUDGE JUDGE JUDGE JUDGE
Whether speaking / reasoned : Yes No
Whether Reportable : Yes No
ATUL SETHI 2025.09.18 17:51 I attest to the accuracy and authenticity of this document Chandigarh