MIRC ELECTRONICS LIMITED Vs. SHASHANK GUPTA

JUDGEMENT

(1.) By this common order, I shall decide the titled writ petitions, as they both arise from the same factual matrix assailing the order / award dated August 03, 2013 ('impugned order', hereinafter) passed by the Labour Court, Karkardooma, Delhi in LC No. 84/2010.

(2.) For the sake of convenience and brevity, the petitioner company in W.P.(C) 279/2014, who is the respondent in W.P.(C) 2410/2015 shall be referred to as 'the company' hereinafter. Similarly, the respondent in W.P.(C) 279/2014, who is the petitioner in W.P.(C) 2410/2015 shall be referred to as the 'employee' hereinafter. The company in its petition has challenged the impugned order whereby the Labour Court has awarded a sum of Rs.5.00 lakh to the employee as lump sum compensation in lieu of reinstatement and back wages. The employee in his petition has prayed for, inter alia, reinstatement with continuity of service, full back wages and all consequential benefits along with interest on withheld payments.

(3.) It is an admitted fact that the employee was initially appointed as a Computer Operator with effect from April 20, 1992 to perform typing and clerical services in corporate taxation department of Onida group of companies, manufacturing consumer electronic goods on the rolls of group company Onida Savak Limited. Thereafter on April 01, 2005, the said company merged with its parent company, i.e., MIRC Electronics Limited, and he become employee of the company with continuity of service and all benefits of the previous employment with other group companies.