SH. SAMARENDRA DAS vs M/S WIN MEDICARE PVT. LTD.

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06.10.2025 + W.P.(C) 7484/2019 SH. SAMARENDRA DAS .....Petitioner Through: Mr. Gautam Kumar Laha, Adv. with Petitioner in person. versus M/S WIN MEDICARE PVT. LTD. .....Respondent Through: Mr. Jitesh Pandey, Mr. Hrishabh Tiwari, Ms. Pooja Sood, Mr. Aniket Singh & Mr. Naman Arora, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM APPL. 7894/2025 [Restoration] 1. This is an Application filed on behalf of the Petitioner seeking restoration of the Petition, which was dismissed in default on 22.01.2025. 2. Learned Counsel for the Respondent/non-Applicant submits that this is second such Application that was filed since the Petition has already previously been dismissed on 04.10.2023. Learned Counsel however submits that in any event the issue that has been raised by the Petitioner is no longer res integra and hence, in the interest of expediency, he has no objection if the Petition is restored. 3. Accordingly, the Petition is restored. 4. The Application stands disposed of. Signature Not Verified Digitally Signed By:RAHUL Signing Date:08.10.2025 W.P.(C) 7484/2019 Page 1 of 12 15:16:01 W.P.(C) 7484/2019 5. The present Petition has been filed on behalf of the Petitioner under Article 226 of the Constitution of India against the order dated 05.09.2018 passed by learned Presiding Officer Labour Court, Dwarka Courts, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the claim petition of the Petitioner has been dismissed with a finding that since the Petitioner is a medical sales representative, he cannot be categorized as a workman in view of the judgment of the Supreme Court in H.R. Adyanthaya & Ors. v. Sandoz (India) Ltd. & Ors1. 6. It is the undispu