HIRA JOSHI vs ALOK MADAN

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th May, 2025 + CM(M) 370/2023 &CM APPL. 11199/2023 HIRA JOSHI .....Petitioner Through: Mr. Chetan Sharma and Mr. Samarth Tyagi, Advocates (through video conferencing). versus ALOK MADAN .....Respondent Through: Mr. Vineet Kaushik, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is workman, in whose favour, there is an Award dated 30.08.2010. 2. As per Award, there is a direction that the workman be reinstated in the services with continuity of services and consequential benefits and he has also been awarded back wages @ 45% based on of his last drawn wages/salary. 3. The abovesaid Award was challenged by Management by filing writ petition i.e. W.P.(C) No. 2804/2011 and such writ petition was dismissed for non-prosecution and, thus, the abovesaid Award has already attained finality. 4. It is also admitted case of the parties that when the abovesaid writ petition was pending before this Court, the workman had not filed any cross Signature Not Verified Digitally Signed CM(M) 370/2023 1 By:SONIA THAPLIYAL Signing Date:21.05.2025 17:26:34 objection and had never made any request praying therein that he be held entitled to back wages @ 100%. 5. However, during course of execution proceedings, the workman sought back wages @ 100% and the learned Executing Court has declined such request. 6. Such order is under challenge. 7. Evidently, the Executing Court cannot go beyond the decree and since, as per Award in question, the back wages were only to the tune of 45% of last drawn wages/salary, the learned Executing Court was in no position to award back wages @ 100%. 8. To the above extent, the contention of learned counsel for petitioner/workman herein is totally mispla