M/S DERIVE N FILL (DEALER HIMDUSTAN PETROLEUM CORPORATION LTD) THROUGH MS. BHAVNA GOYAL vs SHRI. GERMANI PRASAD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07.07.2025 + W.P.(C) 8526/2024, CM APPLs 34995/2024, 34997/2024 and 1233/2025 M/S DERIVE N FILL (DEALER HINDUSTAN PETROLEUM CORPORATION LTD) THROUGH MS. BHAVNA GOYAL .....Petitioner Through: Mr. Banka Bihari Panda, Mr. Lokesh Bharti and Ms. Komal Sharma, Advocates. versus SHRI. GERMANI PRASAD .....Respondent Through: Mr. Raj Rishi, Advocate with respondent in person. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks setting aside of the award dated 24.11.2023 (hereinafter, ‘impugned award’) passed by the Presiding Officer, Labour Court-07, Rouse Avenue Courts, New Delhi, whereby the management/petitioner herein was directed to reinstate the workman/respondent and to pay him 50% back wages. 2. The facts, in a nutshell, are that the workman was employed with the management in the capacity of Petrol Pump Operator since 01.08.2007 and his last drawn wages were Rs.4,200/- per month. It was the workman’s claim that the management failed to provide him legal facilities as well as Signature Not Verified Signed By:GAUTAM W.P.(C) 8526/2024 Page 1 of 6 ASWAL Signing Date:08.07.2025 18:26:21 monthly wages, and was only paying him the amount earned from overtime by way of voucher. Upon the workman demanding his salary from the management, he was allegedly illegally terminated on 28.02.2015. It is in this context that the workman preferred a complaint before the Labour Department through the Union and the matter was referred for conciliation. However, the parties failed to settle the matter before the Conciliation Officer, leading to the initiation of proceedings before the Labour Court. 3. Learn