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Aarti Gupta v/s M/s. Jubilant Oil & Gas Pvt. Ltd


Company & Directors' Information:- OIL INDIA LIMITED [Active] CIN = L11101AS1959GOI001148

Company & Directors' Information:- GUPTA CORPORATION PRIVATE LIMITED [Active] CIN = U40100MH2005PTC154038

Company & Directors' Information:- M R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1992PTC051324

Company & Directors' Information:- S R P OIL PVT LTD [Active] CIN = U23209DL1996PTC303594

Company & Directors' Information:- GAS CORPORATION INDIA LIMITED [Strike Off] CIN = U40200BR1993PLC005536

Company & Directors' Information:- GUPTA INDIA PRIVATE LIMITED [Active] CIN = U51311DL1996PTC077255

Company & Directors' Information:- GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U52110DL1974PTC007339

Company & Directors' Information:- GUPTA AND GUPTA PRIVATE LIMITED [Active] CIN = U55204DL1954PTC002390

Company & Directors' Information:- S K GUPTA PRIVATE LIMITED [Active] CIN = U26900MH1973PTC016294

Company & Directors' Information:- M K S OIL PRIVATE LIMITED [Active] CIN = U23201DL2013PTC250459

Company & Directors' Information:- R. K. GUPTA AND COMPANY INDIA PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052138

Company & Directors' Information:- B R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U63013DL2000PTC107343

Company & Directors' Information:- T N GUPTA PVT LTD [Active] CIN = U02005WB1951PTC020141

Company & Directors' Information:- OIL CORPORATION OF INDIA PRIVATE LIMITED [Active] CIN = U15133UP1952PTC002471

Company & Directors' Information:- O.I.L PRIVATE LIMITED [Active] CIN = U15400DL2013PTC255692

Company & Directors' Information:- A V GUPTA AND COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U24239DL1999PTC102248

Company & Directors' Information:- P P OIL PRIVATE LIMITED [Active] CIN = U15141MH1999PTC117925

Company & Directors' Information:- Y P GUPTA AND COMPANY PVT LTD [Under Process of Striking Off] CIN = U74899DL1983PTC016661

Company & Directors' Information:- J S GUPTA AND CO PVT LTD [Strike Off] CIN = U20211UP1975PTC004078

Company & Directors' Information:- M K GUPTA AND CO PRIVATE LTD [Strike Off] CIN = U74999DL1979PTC009517

Company & Directors' Information:- A J GUPTA AND CO PRIVATE LIMITED [Strike Off] CIN = U74210UP1980PTC004986

Company & Directors' Information:- D. R. GUPTA & COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1944PTC000794

Company & Directors' Information:- B F OIL PRIVATE LIMITED [Strike Off] CIN = U15141DL1993PTC052160

Company & Directors' Information:- S P GUPTA AND CO PVT LTD [Strike Off] CIN = U26932RJ1972PTC001459

    W.P. (C) 1067 of 2016

    Decided On, 12 February 2020

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE NAJMI WAZIRI

    For the Petitioner: V.K. Sharma, Advocate. For the Respondent: Ivan, Advocate.



Judgment Text


Oral:

This petition impugns the order of the learned Labour Court dated 20.10.2015, which did not grant the petitioner reinstatement in her services with full consequential benefits and dismissed her claim petition.

2. The petitioner was employed by way of an appointment letter dated 18.9.2006, in which the clause of termination of services read as under:

“.... 9. After confirmation, your services can also be terminated at any time by giving three months notice by either side or basic salary in lieu thereof. .....”

3. The period of the contract was not determined, although, it could have been terminated in terms of the aforementioned clause. The petitioner was working as a Senior Geophysicist; the management terminated her services vide letter dated 25.6.2010 and she was, thereafter, asked to contact the senior executive for settlement of her full and final dues.

4. The learned Counsel for the petitioner submits that the letter came as a cruel shock to the petitioner, who was to get married the very next day, of which the management was fully aware.

5. The learned Counsel for the respondent submits that albeit the petitioner had pursued her rights in law before the Court, nevertheless, it was for the management to have tendered the requisite amount and she, not being an employee, was not obliged to appear before the management for collection of her dues.

6. The management has not quantified as to what amount would be payable to her. The respondent contends that the monies were offered to her but she was asked to appear before it. There is, however, nothing on the record to show that she was offered any fixed amount of money or that a cheque of such amount was tendered to her, which according to the management was payable to her, or that she refused to accept the same. In fact, the management has kept the monies with itself for more than ten years. The management should have been fair to her by offering her, her dues as calculated by them instead of waiting for her to return to it. Why was it important for her to visit the respondent when her services had been unceremoniously terminated, just a day before her wedding.

7. Admittedly, in a cross-examination of the petitioner on 3.4.2013 before the learned Labour Court, a suggestion was put to her that she was sent a cheque of Rs. 3,55,544/- in clearance of her dues but she denied this suggestion. In other words, the management accepts that an amount of Rs. 3,55,544/- was payable to her, at least, as of the date when her services were terminated.

8. Till today, the management has not put any document or calculation on record showing as to what amounts were due to be paid to the petitioner at the time of her termination. However, insofar as the aforesaid suggestion has been made by the management that Rs. 3,55,544/- was tendered to her by way of a cheque, it does admit that that quantum of money would be payable. Having sat on it for more than ten years, they would be liable to pay an interest on the aforesaid amount. In Municipal Corporation of Delhi, Delhi v. Uphaar Tragedy Victims Association &Ors., VII (2011) SLT 757=IV (2011) ACC 382 (SC)=IV (2011) CPJ 74 (SC)=(2011) 14 SCC 481, the Supreme Court has fixed a simple interest @ 9% per annum payable alongwith the amounts due to claimants. In a number of cases in the Motor Accident Claim Matters also, this Court has fixed simple interest @ 9% per annum on the amounts due.

9. In view of the above, let Rs. 3,55,544/-, alongwith interest accrued @ 9% per annum from the date of termination of services of the petitioner, be deposited by the respondent-management, directly into the bank account of the petitioner within four weeks from the date of receipt of a copy of this order.

10. The Court would not lose sight of the fact that much anguish must have been caused to the petitioner prior to her marriage because of her abrupt termination of service. The management robbed her of her happiness on a momentous occasion in her life and made tepid the celebration of the joyous occasion. Additionally, the case stands pending

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for the last half-a-decade for which expenses must have been incurred by the petitioner. 11. In the circumstances, let an additional amount of Rs. 2,00,000/- be paid to the petitioner towards litigation expenses. The said monies shall be deposited directly into her bank account within four weeks from the date of receipt of copy of this order.12. The writ petition is disposed-off in terms of the above. Writ Petition disposed of.
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