M/S APOLLO HOSPITALS ENTERPRISES PRIVATE LIMITED vs SHRI SURESH MALIK

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 6th November, 2024 Pronounced on: 21st January, 2025 + W.P.(C) 11492/2018 & CM APPL. No.44450/2018 M/S APOLLO HOSPITALS ENTERPRISES PRIVATE LIMITED .....Petitioner Through: Mr. Alok Bhasin and Mr. Kamal Kant Tyagi, Advocates versus SHRI SURESH MALIK .....Respondent Through: Mr. Anshu Mahajan, Advocate + W.P.(C) 11585/2018 & CM APPL. No.44820/2018 M/S APOLLO HOSPITALS ENTERPRISES PRIVATE LIMITED .....Petitioner Through: Mr. Alok Bhasin and Mr. Kamal Kant Tyagi, Advocates versus SHRI VINEET CHAWLA .....Respondent Through: Mr. Anshu Mahajan, Advocate CORAM: HON’BLE MR. JUSTICE CHANDRA DHARI SINGH JUDGMENT CHANDRA DHARI SINGH, J. 1. The instant writ petitions under Articles 226 and 227 of the Constitution of India (hereinafter as the “Constitution”) has been filed on behalf of the petitioner/Management namely M/s Apollo Hospitals Signature Not Verified W.P.(C) 11492/2018 & W.P.(C) 11585/2018 Page 1 of 39 Digitally Signed By:PRAVEEN KUMAR BABBAR Signing Date:24.01.2025 10:14:36 Enterprises Private Limited against the respondent/workmen i.e., Mr. Suresh Malik and Mr. Vineet Chawla, thereby, seeking setting aside of both the awards dated 15th May, 2018 (hereinafter as the “impugned award”) passed by the learned Presiding Officer, Labour Court – V, Dwarka Courts, Delhi (hereinafter as the “Labour Court”) in Industrial Dispute bearing ID No. 1227/16 titled as Sh. Suresh Malik vs. M/s Apollo Hospital Enterprises Ltd. and Sh. Vineet Chawla vs. M/s Apollo Hospital Enterprises Ltd. The learned Labour Court has passed two separate awards in the ID No. 1227/2016 in favour of the respective workmen wherein, the workmen were granted the relief of reinstatement with full back wages and continuity of services. 2. Since both the wri