SHRI MANOJ SABHARWAL vs SHRI AZAD ALI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 02.05.2025 + W.P.(C) 5761/2025, CM APPL. 26335/2025 and CM APPL. 26336/2025 SHRI MANOJ SABHARWAL .....Petitioner Through: Mr. Prabhakar, Advocate. versus SHRI AZAD ALI .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of present petition, the petitioner seeks setting aside of the impugned order dated 30.06.2017 passed by the Authority under the Delhi Shops & Establishments Act, 1954 (hereafter, the ‘DSE Act’) vide which an application filed by the respondent under Section 21 of the DSE Act came to be allowed. 2. In the impugned proceedings, the respondent, who claimed to having been employed by the petitioner’s firm M/s Faagun Boutique as a Cutting Master, had sought his earned wages for period from 01.07.2013 to 30.11.2014. It was his case that the management had only paid a sum of Rs.1,06,660/- and dues worth Rs.2,40,000/- were remaining to be paid. The respondent further alleged that the petitioner changed the name of the firm to M/s Faagun Studio to avoid paying the respondent’s wages. In this regard, the respondent made a complaint dated 07.08.2015 at P.S. Moti Signature Not Verified Digitally Signed W.P.(C) 5761/2025 Page 1 of 3 By:GAUTAM ASWAL Signing Date:15.05.2025 11:44:21 Nagar. The respondent also sent a demand notice dated 10.08.2015 which was not replied to. Thereafter, the application under Section 21 of the DSE Act dated 20.08.2015 came to be filed. Vide the impugned order, the petitioner was directed to pay an amount of Rs.2,40,000/- along with Rs.15,000/- compensation to the respondent. 3. Learned counsel for the petitioner submits that the Authority erred in shifting the entire onus on proving the employer-employee relationship on the petit