DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION vs NAGENDER KUMAR

Judgment text excerpt

` * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13.03.2026 + W.P.(C) 555/2019 DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION .....Petitioner Through: Mr. Uday Seth, Advocate. versus NAGENDER KUMAR .....Respondent Through: Mr. Jai Bansal and Ms. Namrata Kathurie, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present writ petition is directed against the award dated 16.10.2018 passed by the learned Presiding Officer, Labour Court, Dwarka Courts, whereby the claim application filed by the workman was allowed and the management was directed to reinstate the workman on the demoted post of “Helper” with 25% back wages, continuity of service and all consequential benefits. 2. Briefly stated, the claimant raised an industrial dispute in the context of disciplinary proceedings initiated against him which culminated in his dismissal from service on 25.07.2006. The workman claimed that he had been employed with the management since 21.03.1995 on the post of “Helper” and was lastly posted at Raja Garden, IMFL Vend. He was promoted to the post of “Salesman Junior” on 13.02.2002 and was placed on Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:20.03.2026 18:54:45 ` probation for a period of one year. The management issued a memorandum dated 13.05.2003 alleging that the workman had remained absent from duty during the periods 19.12.2002 to 25.12.2002 and 18.02.2003 to 23.02.2003. The workman submitted a reply dated 22.05.2003 and also placed on record leave applications along with medical certificates. The same, however, were overlooked and a show cause notice came to be issued on 02.08.2004, asking him to explain why he should not be reverted to the post of “Helper”. Disciplinary proceedings were the