BANWARI LAL & ANR vs RAJ KUMAR & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30.01.2026 + FAO No. 306/2019, CM APPLs. 34677-78/2019 BANWARI LAL & ANR. .....Appellants Through: Mr. Anirudh Dusaj, Advocate. versus RAJ KUMAR & ORS. .....Respondents Through: Mr. Manish Tiwari, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present appeal is directed against the order dated 14.03.2019 passed by the learned Commissioner Employee’s Compensation, Labour Department, Govt. of NCT of Delhi, in CEC/SD/D/51-52/2017/307-310. Vide the aforesaid order, the learned Commissioner held the claimants (respondent nos. 1 & 2 herein) to be entitled to compensation as well as penalty and directed appellant no. 2 herein, i.e., the Delhi Electricity Regulatory Commission (hereinafter “DERC”) to pay the same. It was further held that the appellant/DERC was entitled to recover the said amounts from the deceased employee’s immediate employers, i.e., respondent no. 3 (Paramjeet Singh) and his proprietorship firm, i.e., respondent no. 4 (M/s. V. R. Refrigeration). 2. In the claim petition filed by respondent nos. 1 & 2, the parents of the deceased Arun Kumar, it was averred that respondent no. 3/Paramjeet Singh, had approached the deceased in March 2011 and offered him work Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO No. 306/2019 Pg. 1 of 6 Signing Date:11.02.2026 18:54:53 with his proprietorship, respondent no. 4 (M/s. V. R. Refrigeration). The deceased agreed to work with the said firm on 09.03.2011 at a monthly wage of Rs.3,000/-. It was claimed that, on the direction of respondent no. 3, the deceased worked wherever instructed and his salary was increased every April by a sum of Rs.1,500/-. Respondent no. 4 was engaged for AC maintenance by DERC. On the asking