DEUTSCHE LUFTHANSA AG vs MS MANISHA THAKUR & ORS.

Judgment text excerpt

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.11.2025 + W.P.(C) 6021/2023 & CM APPLs. 23602/2023, 1564/2024 DEUTSCHE LUFTHANSA AG .....Petitioner Through: Ms. Prapti Allagh, Advocate versus MS MANISHA THAKUR & ORS. .....Respondents Through: Mr. Mohan Bir Singh, Advocate CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. The present writ petition is directed against Annexure P-1 order dated 02.05.23 passed by the Learned Presiding Officer, Central Government Industrial Tribunal-cum Labour Court II, Delhi (the Tribunal) under Section 33-A of the Industrial Disputes Act, 1947, whereby the petitioner’s request to adduce evidence was declined and enquiry proceedings were held to be vitiated. 2. The brief facts leading to the impugned order are as follows: Signature Not Verified Signed By:RAJ BALA Signing Date:11.11.2025 W.P.(C) 6021/2023 Page 1 16:26:04 2.1. The respondent was employed as a Cabin Crew with the petitioner since 05.12.2008. Her service was confirmed with effect from 25.06.2009. On 28.01.2020, a show cause notice was issued to her alleging: (i) that she had posted a picture of herself displaying her Lufthansa Airlines ID on social media, and (ii) that she had misrepresented her health condition by reporting sick on 28.04.2019 and 15.09.2019 and yet attended an event during the said days. 2.2. In her reply, the respondent denied the allegations. A suspension order was issued on 07.02.2020. Thereafter, on 19.05.2021, a second show cause notice was served upon the respondent along with a copy of the enquiry report. It was stated that the charges against her stood proved. 3. Subsequently, her services were terminated vide order dated 08.06.2021. Aggrieved, she filed Complaint No. 119/2021 under Sectio