HARISH CHANDER vs M/S JAI DURGA INDUSTRIES & ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.02.2026 Date of decision: 06.04.2026 Uploaded on: 06.04.2026 + W.P.(C) 3131/2013 HARISH CHANDER .....Petitioner Through: Mr. D.B. Yadav and Mr. Sauraj Yadav, Advs. versus M/S JAI DURGA INDUSTRIES & ANR .....Respondents Through: Mr. Krishna Dev Pandey, Adv. CORAM: HON'BLE MS. JUSTICE SHAIL JAIN JUDGMENT SHAIL JAIN, J 1. The instant Writ Petition has been filed under Articles 226 and 227 of the Constitution of India, inter alia, seeking quashing of the Award dated 17.02.2011 passed by the learned Labour Court No. IX, Karkardooma Courts, Delhi in Industrial Dispute bearing No. 169/08 (hereinafter ‘Impugned award’) wherein the Labour Court held that the Petitioner/workman was not entitled to any relief against the management. BRIEF FACTS: 2. The Petitioner was employed as a Rula Mistry (LackerMistri) under the management of Respondent No. 1 since February 1998 and was drawing last wages of around Rs. 3,500/- per month. 3. During his service, the Petitioner suffered an accident allegedly in the Signature Not Verified Signed By:KAPIL W.P.(C) 3131/2013 Page 1 of 24 KUMAR Signing Date:06.04.2026 15:52:52 year 2002, wherein a steel blade penetrated his right hand and spine. Instead of ensuring proper treatment at an Employee State Insurance Corporation (hereinafter, ‘ESIC’) hospital, the Respondent/ Management got him treated at a private hospital. The Petitioner was never operated on nor was the blade removed from his body. 4. The blade being in the Petitioner’s body, caused recurring and severe pain. Subsequently, upon approaching the ESIC dispensary, the Petitioner was referred to an ESI hospital, where he remained admitted from 06.03.2007 to 08.03.2007. As per the Petitioner, upon recovery, when he reported for dut