M/S VARUN HOSIERY @ LE CHIC vs MANIK CHAND

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 05th May, 2025 + CM(M) 926/2018 & CM APPL. 32691/2018 M/S VARUN HOSIERY @ LE CHIC .....Petitioner Through: Mr. Ankur Bhasin with Ms. Bharti Ghosh, Advocates. versus MANIK CHAND .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Respondent-Mr. Manik Chand has filed claim against Management for illegal termination of his services. 2. The Management (petitioner herein) submitted its written statement, inter alia, claiming therein that the abovesaid Mr. Manik Chand was never their workman and was never employed by the answering Management and, therefore, there was no question of his illegal termination. 3. According to them, Mr. Manik Chand was a freelance Rickshaw Puller, who simply used to pick material from the premises of the Management for delivery, as and when, so required. 4. After the workman concluded his evidence, an application under Order VI Rule 17 CPC was filed by the Management praying therein to amend its written statement. It wanted to place on record additional averment to the Signature Not Verified Digitally Signed CM(M) 926/2018 1 By:SONIA THAPLIYAL Signing Date:06.05.2025 16:02:56 effect that such alleged workman had withdrawn the complaint in question and had sent a communication in this regard to the concerned Commissioner on 03.08.2015. 5. It is submitted that he mentioned therein that he had made the earlier complaint on the basis of asking in this regard by someone else and that he was, no longer, interested in pursuing his such complaint. He also claimed therein that he was merely a Rickshaw Puller and had no complaint against anyone. 6. Learned Labour Court was of the view that since the Management had already, categorically, claimed that