BHARAT KUMAR GARDNER (MALI) vs NEW DELHI PUBLIC SCHOOL

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 08.12.2025 Judgment pronounced on: 11.12.2025 + W.P.(C) 3687/2018 BHARAT KUMAR GARDNER (MALI) .....Petitioner Through: Mr. Amit Singh and Ms. Shaily Tarar, Advocates Versus NEW DELHI PUBLIC SCHOOL .....Respondent Through: Mr. Manish Sharma, Advocate CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the claimant/workman in D.I.D. 2005/2016 on the file of the Labour Court-X, Dwarka Courts, Delhi, aggrieved by the order dated 29.11.2017, by which his claim for reinstatement with back wages was declined. However, he was granted compensation of ₹1,00,000/- in the place Signature Not Verified W.P.(C) 3687/2018 Page 1 of 11 Signed By:KOMAL DHAWAN Signing Date:11.12.2025 16:45:01 of reinstatement and back wages. 2. The parties in this writ petition, unless otherwise specified, will be referred to as described in the statement of claim. 3. In the statement of claim filed on behalf of the claimant/workman, it is alleged thus:- The workman was working as a gardener in the School of the respondent/management, namely, New Delhi Public School, A-Block, Vikas Puri, New Delhi, since 1998 continuously and without any break. In the year 1998, he was paid a monthly salary of ₹1200/-. After repeated requests in the year 2002, his salary was raised to ₹2500/- per month. This was being paid with effect from 2002. For the purpose of giving him salary, a bank account had been opened and ATM card was also issued in his name. However, the respondent/management never gave him the passbook or the ATM card issued in his name. On the other hand, they continued to pay him salary in cash. The claimant/workman