CENTRAL BOARD OF SECONDARY EDUCATION vs NAWAB SINGH

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 14th July 2025 Pronounced on: 31st July 2025 + W.P.(C) 12068/2016 CM APPL. 47703/2016 CENTRAL BOARD OF SECONDARY EDUCATION .....Petitioner Through: Ms. Manisha Singh, Advocate versus NAWAB SINGH .....Respondent Through: Ms. Mugdha, Mr. Atul Kr. Srivastav, Advs. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT 1. This petition has been filed for setting aside Award dated 14 th March 2016, passed by the Labour Court, Karkardooma, in Industrial Disputes Case No. 328/2011. 2. The impugned award holds that the retrenchment/ termination of services of the respondent/ workman was illegal and against the principles of natural justice. The retrenchment/ termination of the respondent/ workman was held to be violative of Section(s) 25F and 25G of the Industrial Disputes Act, 1947 (hereinafter referred to as the ‘ID Act’). 3. The respondent/ workman was granted the relief of reinstatement along with all consequential benefits, from the date of his termination i.e. 28th April 2006. W.P.(C) 12068/2016 Page 1 of 24 4. The present petition was filed challenging the said award. Notice was issued by the Court and a stay was granted on 22nd December 2016. Factual Background 5. Respondent was appointed as a Daily Wage Junior Assistant vide letter dated 5th January 1996, issued by the Regional Office of the Central Board of Secondary Education (hereinafter referred to as ‘CBSE’), for a period of eighty-nine (89) days. 6. On 28th April 2006 the respondent/ workman was terminated from his services. On 10th October 2011 a reference was made by the Labor Commissioner regarding the claim filed by the respondent/ workman, challenging his termination. 7. On 28th February 2012, the following issues were framed in ID No. 328/2011: (i) Whether t