KUNDAN KUMAR vs RESOURCE DATA MANAGEMENT PVT LTD & ORS.

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd April, 2025 + CM(M) 719/2025 & CM APPL. 23284/2025 KUNDAN KUMAR .....Petitioner Through: Mr. Bharat Malhotra, DHCLSC. versus RESOURCE DATA MANAGEMENT PVT LTD & ORS. .....Respondent Through: Ms. Praveena Gautam with Mr. Pawan Shukla and Ms. Tissy A Thomas, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The prayer in the present petition is very limited. 2. Deputy Labour Commissioner, GNCTD, while exercising power under Section 10(1)(c) and Section 12(5) of Industrial Disputes Act, 1947, sent reference to the concerned Labour Court for adjudication. 3. The reference was registered in the year 2015 and an Award was, eventually, passed by the concerned learned Labour Court on 02.11.2019. 4. As per Award, the petitioner has been held entitled to relief of reinstatement with full back wages along with continuity of services and all consequential benefits. He has also been held entitled to a compensation of Signature Not Verified Digitally Signed CM(M) 719/2025 1 By:SONIA THAPLIYAL Signing Date:23.04.2025 18:48:41 Rs. 5,00,000/- towards harassment, illegal termination and legal cost. There is also direction to the Management to pay interest @ 9% per annum, if the Award is not given effect to, within 30 days of its communication. 5. As per the petitioner, the Award has already attained finality as it was never challenged by the Management. 6. According to Mr. Malhotra, learned counsel for petitioner, there is no reinstatement of the petitioner and moreover, as per the rough calculation made by the Nazir of Court, the Management is required to pay a sum of Rs. 1.5 Crores approx to the claimant/decree-holder. 7. It is submitted that the Execution Petition was filed in the year 2021