MANAGEMENT OF LLOYD INSULATIONS (INDIA) LTD. vs SUNIL KUMAR AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 16.02.2026 Date of decision: 21.04.2026 Uploaded on: 21.04.2026 + W.P.(C) 5741/2011 MANAGEMENT OF LLOYD INSULATIONS (INDIA) LTD. .....Petitioner Through: Mr. Akshit Sachdeva, Adv. versus SUNIL KUMAR AND ANR .....Respondents Through: None. CORAM: HON'BLE MS. JUSTICE SHAIL JAIN JUDGMENT SHAIL JAIN, J 1. The present writ petition has been filed by the Petitioner/Management, M/s Lloyd Insulations (India) Ltd., under Articles 226/227 of the Constitution of India, assailing the Award dated 16.03.2011 passed by the learned Presiding Officer, Labour Court, Karkardooma Courts, Delhi, in DID No. 218/2010 (old ID No. 307/2006), whereby the termination of the Respondent No.1/workman was held to be illegal and unjustified, and the Petitioner/Management was directed to reinstate the workman with continuity of service and 50% back wages from the date of termination till reinstatement. Signature Not Verified Signed By:KAPIL W.P.(C) 5741/2011 Page 1 of 22 KUMAR Signing Date:21.04.2026 16:23:28 FACTUAL BACKGROUND: 2. Brief facts emerging from the record, which are necessary for adjudication of the present writ petition, are that the Respondent No.1/workman, namely Shri Sunil Kumar, claims to have joined the services of the Petitioner/Management on 13.03.1997 as a Store Keeper. According to the workman, no appointment letter or service record was ever issued to him by the Management, though deductions towards Provident Fund and ESI were regularly made from his wages. It is his case that in the year 2002, the Management manipulated its records and began showing him as an employee of Respondent No.2, namely Shri D.K. Singh, Contractor, despite the fact that he continued to work directly under the supervision and control of the Petiti