SOUTH DELHI MUNICIPAL CORPORATION vs YASHBIR ISNGH

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27.05.2025 + W.P.(C) 10359/2020 SOUTH DELHI MUNICIPAL CORPORATION .....Petitioner Through: Mr. Arun Birbal, Mr. Sanjay Singh, Mr. Ajay Singh, Advs. versus YASHBIR ISNGH .....Respondent Through: Mr. Jawahar Raja, Ms. Surbhi Bagra, Ms. Meghna De, Ms. L. Gangmei, Mr. Ritwik Raj, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL. 39645/2023[Application under Section 17-B of the Industrial Disputes Act, 1947] 1. This is an Application filed by the Respondent/workman seeking wages under Section 17-B of the Industrial Disputes Act, 1947 [hereinafter referred to as “the Act”]. 2. Learned Counsel for the Respondent submits that by the Impugned Award dated 30.09.2019 [hereinafter referred to as “impugned award”], the learned Tribunal has directed reinstatement of the Respondent/workman along with 50% of backwages and continuity of service by declaring that the termination of the workman is illegal. 3. Notice in this Application was issued on 04.08.2023 by Coordinate Bench of this Court. By order dated 22.08.2023 directions for filing a Reply were given. However, despite a lapse of more than 2 years, no Reply has been filed by the Petitioner. Signature Not Verified Digitally Signed By:RAHUL Signing Date:31.05.2025 W.P.(C) 10359/2020 Page 1 of 3 12:06:17 4. Learned Counsel for Respondent further submits that the Respondent/Workman is not gainfully employed in any establishment from the date of the Impugned Award and even today the Respondent remains unemployed. 4.1 Learned Counsel for the Respondent, seeks to rely on DTC vs. Inderjeet Singh1 wherein Division Bench of this Court held that the benefit under Section 17-B of the Act cannot be denied to the workman merely on the g