MS SOLAR HUMAN RESOURCES MANAGEMENT PVT LTD vs LABOUR COMMISSIONER GOVT OF NCT OF DELHI & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10.07.2025 + W.P.(C) 9522/2025, CM APPL. 40221/2025, CM APPL. 40222/2025, CM APPL. 40223/2025 and CM APPL. 40224/2025 MS SOLAR HUMAN RESOURCES MANAGEMENT PVT LTD .....Petitioner Through: Mr. Vipul Kumar Sharma, Advocate versus LABOUR COMMISSIONER GOVT OF NCT OF DELHI & ORS. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present petition has been preferred challenging the impugned award dated 23.07.2024 passed in LIR No. 1367/2023 by POLC-VIII, Rouse Avenue District Court, New Delhi wherein termination of the workman/respondent No.2 by the management/petitioner was held to be illegal and the workman was resultantly, granted relief of reinstatement with full back wages. 2. In the statement of claim, the workman/respondent No.2 claimed himself to be employed by the petitioner/management as a housekeeper at a monthly salary of Rs.12,000/-. It was further claimed that the workman was illegally terminated by the management on 08.12.2021 without any notice, pertinently, due to the demands made by the workman qua issuance of the appointment letter, attendance card, bonus, ESI facility, overtime charges, etc. A demand letter dated 12.01.2022 was sent by the workman, claiming Signature Not Verified W.P.(C) 9522/2025 Page 1 of 4 Signed By:GAUTAM ASWAL Signing Date:15.07.2025 18:02:32 reinstatement along with minimum wages. The said demand letter remained unanswered, and aggrieved by the same, the workman approached the Labour Commissioner. However, the Conciliation proceedings were unsuccessful. Thereafter, the dispute was referred to the Labour Court for adjudication vide reference dated 17.07.2023, consequent to which the ex- parte impugned award came to be passed. 3. Befor