M/S MAHARAJA AGRASEN HOSPITAL vs TULSI JOSHI & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 17.11.2025 Judgment pronounced on: 28.11.2025 + FAO 23/2017 and CM APPL. 1471/2017 M/S MAHARAJA AGRASEN HOSPITAL .....Appellant Through: Mr. Harvinder Singh, Advocate. versus TULSI JOSHI & ORS .....Respondents Through: Mr. R.K. Nain, Ms.Pratima N. Lakra and Mr. Chandan Prajapati, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 30 (1) of the Employees’ Compensation Act, 1923 (the EC Act) has been filed assailing the judgment dated 27.10.2016 passed by respondent no. 3, namely, the Commissioner, Employees’ Compensation, Government of NCT of Delhi, Labour Department, Partap Nagar, Hari Nagar, New Delhi, whereby the claim application under Section 22 of the EC Act filed by respondent nos.1 and 2 herein has been allowed. Signature Not Verified FAO 23/2017 Page 1 of 22 Signed By:KOMAL DHAWAN Signing Date:28.11.2025 11:11:39 In this appeal, the parties, unless otherwise specified, will be referred to as described in the claim application. 2. The claimants, the widow and son of the deceased, filed an application dated 23.04.2014 before the Commissioner seeking compensation under the EC Act. According to them, the deceased, aged 22 years, was employed with the respondent, namely, M/s Maharaja Agrasen Hospital, as a canteen employee, for kitchen work and procurement of materials from the market. He worked with M/s Good Food Dietary Services, a contractor engaged by the respondent, up to 31.12.2013 and with effect from 01.01.2014, he was employed directly by the respondent/management. In the evening of 09.01.2014, the deceased noticed that vegetables, etc., for the following day were completely out of stock, and so he decided to make arrange