CENTRAL BOARD OF SECONDARY EDUCATION vs RAMESH KUMAR

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) 12070/2016 & CM APPL. 47710/2016 CENTRAL BOARD OF SECONDARY EDUCATION .....Petitioner Through: Ms. Manisha Singh, Advocate versus RAMESH KUMAR .....Respondent Through: Mr. Aayush Agarwala, Mr. Anuj P. Agarwala, Mr. Prakash Jha and Mr. Vipul Singh, Advocates CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT 1. This petition has been filed for setting aside Award dated 29th March 2016, passed by the Labour Court, Karkardooma, in Industrial Disputes Case No. 19/2014. 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 and back wages along with all consequential benefits, from the time of termination of service i.e. May 2005. W.P.(C) 12070/2016 Page 1 of 27 Submissions on behalf of petitioner 4. Ms. Manisha Singh, counsel for petitioner, in support of the challenge to the impugned award, submitted as under: 4.1 Respondent/workman was hired as a daily wager, recurrently, for various intervals of time, between the years 1996 to 2005. 4.2 For a cumulative span of ten (10) years, respondent/workman rendered his services for mere 373 days. 4.3 Respondent/workman did not serve for even a single day, for the year(s) 1997, 2000, 2002, 2003 and 2004. 4.4 Respondent/ workman did not render 240 days of continuous service in any calendar year, which is a statutory/ mandatory requirement under Section 25F ID Act. 4.5 This C