M/S INDRAPRASTHA GAS LIMITED vs AMBRISH KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 26.08.2025 Pronounced on:05.12.2025 + W.P.(C) 3743/2013 M/S INDRAPRASTHA GAS LIMITED .....Petitioner Through: Mr Raj Birabl, Sr. Advocate along with Ms. Raavi Birbal, Adv. versus AMBRISH KUMAR .....Respondent Through: Mr. Durgesh Kr. Pandey & Ms. Ritika Davis Franklin, Advs. CORAM: HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT RENU BHATNAGAR, J. 1. The challenge in the present writ petition is to the Award dated 05.02.2011 passed by the learned Labour Court, Karkardooma Court , New Delhi (hereinafter referred to as, ‘Labour Court’) in the Industrial Dispute (‘ID’) No. 107/2006 titled Sh. Ambrish Kumar versus Indraprastha Gas Ltd, whereby the learned Labour Court granted relief to the respondent reinstating him with continuity of service and full back wages from the date of termination till reinstatement, along with all consequential benefits. The learned Labour Court, on basis of the finding that the operating agreement between the Principal Signature Not Verified Signed By:BABINDER W.P.(C) 3743/2013 Page 1 of 25 SINGH NEGI Signing Date:06.12.2025 16:24:04 employer/ Indraprastha Gas Ltd (hereinafter referred to as, ‘IGL’)/petitioner and M/S Pratap Enterprises (hereinafter referred to as, ‘Contractor’) was a sham and bogus agreement, just to camouflage/deny the claimant the benefits of a regular employment, has held that the respondent was illegally terminated by the petitioner. 2. The impugned Award has been passed in a direct Claim filed by the respondent/workman under Section 10(4A) of the Industrial Dispute Act, 1947 (hereinafter referred to as ‘ID Act’) before the learned Labour Court whereby the respondent had claimed that he was employed with the petitioner/IGL as Driveway Sales Man (‘DSM’) since 26.07.2001 on a