M/S CHELSEA MILLS vs 5/SHRI TARKESWAR SINGH AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29.05.2025 + W.P.(C) 7350/2025 M/S CHELSEA MILLS .....Petitioner Through: Mr. Ajit Upadhyay and Mr. Ghanshyam Mishra, Advocates. versus SHRI TARKESWAR SINGH AND ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present petition has been instituted under Article 226/227 of the Constitution seeking setting aside of the award dated 05.04.2024 passed by the learned Industrial Tribunal-1, Rouse Avenue Courts, New Delhi in the context of an industrial dispute vide ID No.576/2016, whereby, the claim filed by the workmen was partly allowed and directed petitioners to pay a lumpsum compensation of Rs.1 lac per head along with interest of 8% per annum with effect from date of termination i.e. 29.09.2007 till realization. 2. Before proceeding further, it is deemed apposite to note the relevant facts in nutshell. 3. The workmen approached the Labour Department, GNCTD and claimed to be employed with the petitioner, alleging that the management is running a garment industry involving garment fabrication and export. It was claimed that the management had various factory units in Delhi where more than 500 workers were employed. It was claimed that the workers were not Signature Not Verified W.P.(C) 7350/2025 Page Signed1 of 4 By:GAUTAM ASWAL Signing Date:31.05.2025 03:26:14 provided with any appointment letter, provident fund or ESI benefits. The ESI cards provided to some of the workmen deliberately carried incorrect joining dates. The conciliation not being fruitful, the following reference was made to the Tribunal:- “...Whether the transfer of S/Sh. Tarkeshwar Singh s/o Late Sh. Babu Ram and 418 others as shown in Annexure A (27-pages) from Delhi Units to 173-174, Secto