M/S.THERMOKING vs P.O.& RASHTRIYA GEN.MAZ.UNION

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 13.01.2026 Date of decision: 24.03.2026 Uploaded on: 24.03.2026 + W.P.(C) 3083/2003, CM APPL. 13453/2004, CM APPL. 13454/2004, CM APPL. 3769/2005, CM APPL. 6331/2006, CM APPL. 2862/2010 M/S.THERMOKING .....Petitioner Through: Mr. Ashim Vachher, Sr. Advocate with Ms. Saiba M. Rajpal, Mr. Vinayak, Advs. versus P.O.& RASHTRIYA GEN.MAZ.UNION .....Respondent Through: None CORAM: HON'BLE MS. JUSTICE SHAIL JAIN JUDGMENT SHAIL JAIN, J. 1. The instant Writ Petition has been filed by the Petitioner, M/s Thermoking, through its Proprietor Shri Pradeep Khanna, under Articles 226 and 227 of the Constitution of India, inter alia, seeking quashing of the Award dated 20.08.2002 passed by the learned Labour Court No. IV, Karkardooma Courts, Shahdara, Delhi in Industrial Dispute bearing No. 222/91 (hereinafter ‘Impugned award’). The said dispute arose between the Management of M/s Thermoking and its workmen represented through Rashtriya General Mazdoor Union (Regd.), wherein the Labour Court held that the services of the workmen had been terminated illegally and Signature Not Verified Signed By:KAPIL W.P.(C) 3083/2003 Page 1 of 28 KUMAR Signing Date:24.03.2026 16:10:55 unjustifiably and accordingly directed their reinstatement along with back wages. BRIEF FACTS: 2. The Petitioner is a proprietorship concern engaged in the manufacture of electrical appliances having its factory situated at A-24, Phase-I, Naraina Industrial Area, New Delhi. Respondent Nos. 3 to 12 were employed with the Petitioner during different times in various capacities and were members of Rashtriya General Mazdoor Union/Respondent No. 2. 3. The Respondent/workmen, however, through Respondent No.2 vide letter dated 05.11.1990 addressed to the Labour Inspector,