ASHOK HOTEL vs MUKESH KUMAR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 08.01.2026 Date of decision: 04.02.2026 Uploaded on: 04.02.2026 + W.P.(C) 6765/2004, CM APPL. 42096/2016 ASHOK HOTEL (A Unit of ITDC) New Delhi .....Petitioner Through: Mr. Ravi Sikri, Sr. Advocate with Mr. Deepak Yadav, Mr.Arun Sankal and Mr. Nishant Goyal, Advocates versus MUKESH KUMAR .....Respondent Through: Mr. Vivek Kumar Tandon, Ms. Laxmi Gupta, Ms. Pooja Giri and Ms. Ritu Rajput, Advocates CORAM: HON'BLE MS. JUSTICE SHAIL JAIN JUDGMENT SHAIL JAIN, J. 1. The present writ petition under Articles 226 and 227 of the Constitution of India has been filed by the Petitioner/management assailing the Award dated 01.07.2003 passed by the learned Presiding Officer, Labour Court, Delhi in I.D. No. 266/96, whereby the Labour Court held the termination of the Respondent/workman to be illegal for non-compliance of Section 25F of the Industrial Disputes Act, 1947 Signature Not Verified Signed By:KAPIL KUMAR W.P.(C) 6765/2004 Page 1 of 14 Signing Date:04.02.2026 17:28:56 (hereinafter referred as ‘the Act’) and directed his reinstatement with full back wages. 2. The brief facts of the case are that the Respondent/workman, Sh. Mukesh Kumar, raised an industrial dispute alleging illegal termination of his services by the Petitioner/management. The appropriate Government, being satisfied that an industrial dispute existed between the parties, made a reference for adjudication under Sections 10(1)(a) and 12(5) of the Act, vide Order No. F.24(2436)/96-Lab./48069-73 dated 30.10.1996, in the following terms: “Whether the services of Sh. Mukesh Kumar have been terminated illegally and/or unjustifiably by the management and if so, to what relief is he entitled and what directions are necessary in this respect?” 3. Before the Labou