HANDICRAFTS AND HANDLOOMS EXPORT CORPORATION OF INDIA LIMITED vs SH REHMAT KHAN & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:19th March, 2025. Pronounced on: 28th April, 2025. + W.P.(C) 6484/2024 HANDICRAFTS AND HANDLOOMS EXPORT CORPORATION OF INDIA LIMITED .....Petitioner Through: Ms. Yoothica Pallavi, Adv. Mr. Himanshu Sehrawat Adv., along with Ms Monika Madan - Official for HHEC. Ms. Akash Sharma, Adv. versus SH REHMAT KHAN & ORS. .....Defendants Through: Mr. Deepanshu Rana, Mr. Vishal Chauhan, Adv. for all respondent nos.1- 18. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. The petition has been filed by the petitioner/Handicrafts and Handlooms Export Corporation of India Limited (‘HHEC’), which is a public sector undertaking challenging an ex parte award dated 18th April 2023, passed by the Presiding Officer, CGIT-cum-Labour Court–II, New Delhi in Industrial Dispute Case No.21/2017 (‘impugned award’). Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:29.04.2025 W.P.(C) 6484/2024 Page 1 of 46 10:22:12 2. By the impugned award, petitioner was directed to pay the respondent/workman a lump sum amount of Rs.5 Lacs with 6% interest per annum from the date of the award to the final payment. The dispute was referred by the Government of India under Section 10(1)(D) and Section 10(2)(A) of the Industrial Dispute Act, 1947 (‘ID Act’) framing the issue in the following manner: “Whether the workman i.e. Sh. Rehmat Khan son of Mr. Mohd. Shaffi and 17 others whose details are enclosed herewith in Annexure HHEC are entitled for reinstatement against the management of the Handicrafts and Handlooms Export Corporation of India as Tailor with all consequential benefits? If not, then, what even the workmen are entitled to?” 3. Reference was answered in favour of workmen/claimants concluding that they were illegall