M.T.N.L. vs RAM RATAN

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 23rd January, 2026 Date of Decision: 25th February, 2026 Uploaded on: 25th February, 2026 + W.P.(C) 1630/2006 & CM APPL. 1417/2006 MAHANAGAR TELEPHONE NIGAM LTD. .....Petitioner Through: Mr. Chandan Sharma and Mr. Vikram Sharma, Advs. versus SHRI RAM RATAN .....Respondent Through: Mr. Chirayu Jain, Mr. Raksha Awasya and Ms. Tanishqua Dhar, Advs. CORAM: HON'BLE MS. JUSTICE SHAIL JAIN JUDGMENT SHAIL JAIN, J. 1. The present writ petition has been filed by the Petitioner/Management, Mahanagar Telephone Nigam Limited (MTNL), under Article 226 of the Constitution of India, assailing the Award dated 26.09.2005 passed by the learned Presiding Officer, Central Government Industrial Tribunal-cum- Labour Court–II, Rajendra Place, New Delhi, in I.D. No. 56/1995, whereby the termination of the Respondent/workman was held to be illegal and unjustified, and the Petitioner was directed to reinstate the Respondent without back wages but with continuity of service. Signature Not Verified Signed By:KAPIL W.P.(C) 1630/2006 Page 1 of 18 KUMAR Signing Date:25.02.2026 14:36:36 Facts of the case: 2. Brief facts emerging from the records, which are necessary for the adjudication of the writ, are that the Respondent was engaged with the Petitioner/management as a driver (DRM) with effect from 28.09.1982 and was treated as a daily-rated/casual worker, being paid wages as fixed and revised from time to time under the Minimum Wages Act, 1948. 3. On 09.01.1988, the Respondent was assigned a Standard–20 vehicle bearing No. DEP-5070, which, according to the Management, was taken out of the premises of Kidwai Bhawan at about 15:30 hours and was not parked back on the same day. It was alleged that on 10.01.1988 at about 20:30 hours, the said vehi