SMT SHASHI vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25.07.2025 + W.P.(C) 14646/2022 SMT SHASHI .....Petitioner Through: Ms. Meghna De and Ms. Surbhi Bagra, Advocates. versus MUNICIPAL CORPORATION OF DELHI ....Respondent Through: Mr. Manu Chaturvedi, Standing Counsel for MCD. Mr. Abhinav Singh and Mr. Rishabh Yadav, Advocates for R-2. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed under Articles 226 and 227 of the Constitution of India seeking to challenge the Award dated 09.05.2022 passed by the learned Presiding Officer, Labour Court-IV, Rouse Avenue Courts, New Delhi [hereinafter referred to as “Impugned Award”]. By the Impugned Award a No Dispute Award has been passed. 2. The limited issue for challenge that has been raised by the learned Counsel for the Petitioner/Workman is that no service was effected upon the Petitioner/Workman, as a result of which he was unable to appear and a No Dispute Award was passed. Signature Not Verified Digitally Signed W.P.(C) 14646/2022 Page 1 of 5 By:PRAGYA ARORA Signing Date:06.08.2025 13:10:26 3. The Petitioner/Workman filed a Statement of Claim against the Respondent/Management alleging that Workman i.e. Shri Man Pal (now deceased) was illegally terminated from services by the Respondent/Management w.e.f. 26.11.1990. Learned Counsel for the Petitioner/Workman submits that an order dated 15.09.2021, was passed by the Competent Authority which sets out the Terms of Reference for adjudication of the complaint of the Petitioner and thereafter the matter was referred to the appropriate Labour Court (Central Govt. Industrial Tribunal). 4. Learned Counsel for the Petitioner/Workman submits that the Petitioner/Workman was not aware of the Terms of Referenc