KISHAN SHARMA & ORS. vs MANGT. OF M.C.D.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12.02.2026 Date of decision: 01.04.2026 Uploaded on: 01.04.2026 + W.P.(C) 1162/2008 KISHAN SHARMA & ORS. .....Petitioners Through: Mr. R.K. Ojha, Adv. versus MANGT. OF MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Sanjeev Sabharwal, SC with Ms. Shweta Singh, Adv. CORAM: HON'BLE MS. JUSTICE SHAIL JAIN JUDGMENT SHAIL JAIN, J. 1. The present Petition has been filed under Article 226 of the Constitution of India, inter alia, challenging the Award dated 25th October, 2007 (impugned Award), passed by the learned Presiding Officer of the Labour Court No. X, Delhi, in Industrial Dispute (I.D.) No. 2016/1994. By the said Award, the learned Labour Court declined the relief of reinstatement in service with continuity and full back wages sought by the Petitioners, holding that the Petitioners/Workmen were not entitled to any relief since the employer-employee relationship could not be established by the Petitioner/Workman. W.P.(C) 1162/2008 Page 1 of 28 2. At the outset, it may be noted that the present Petition pertains to the alleged termination of three workmen, namely, Mr Kishan Sharma, Mr Sunder Lal and Mr Vinod Kumar. The facts giving rise to the present Petition are common to all the aforesaid Petitioners/Workmen. 3. The Petitioners state that they were engaged with the Municipal Corporation of Delhi in its Horticulture Department on the post of Mali/Beldar on a casual, daily-rated/muster-roll basis and had worked for several years prior to the termination of their services. Aggrieved thereby, the Petitioners raised an industrial dispute which resulted in the passing of the impugned Award dated 25th October, 2007, passed by the learned Labour Court. The said Award is under challenge in the present Petiti