RAHUL PANDEY vs BADARPUR SERVICE STATION

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 30.03.2026 + W.P.(C) 6739/2025, CM APPLs.30622/2025, 30623/2025 RAHUL PANDEY .....Petitioner Through: Mr. Vinay Rathi, Advocate. versus BADARPUR SERVICE STATION .....Respondent Through: Mr. Anil Kumar Hajelay and Mr. Anant Kumar Hajelay, Advocates. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT 1. The present petition has been filed by the petitioner assailing an award dated 03.05.2024 rendered by the Presiding Officer, Labour Court – IV, Rouse Avenue Courts, New Delhi, in LIR No. 2306/2022, whereby the petitioner’s claim for reinstatement and full back wages was rejected. 2. The factual background set out by the petitioner is that the petitioner was employed as a Salesman with the respondent on 30.11.2006. Allegedly, however, the respondent-management deliberately recorded a later date of joining and issued ESIC Card No. 11-7205618 reflecting an incorrect date of joining. It is submitted that despite repeated demands, the respondent failed to provide statutory benefits such as appointment letter, attendance cards and pay slips. 3. On 27.02.2020, while proceeding to his workplace, the petitioner met with an accident and sustained grievous injuries. Upon recovery, when the petitioner sought to resume duty, the respondent advised him to wait in view Signature Not Verified W.P.(C) 6739/2025 Page 1 of 19 Digitally Signed By:ROHIT KUMAR PATEL Signing Date:30.03.2026 17:33:18 of the Covid-19 lockdown. After the lockdown restrictions were lifted, the petitioner again approached the respondent on 25.04.2020 to resume duty. However, the management continued to defer the petitioner’s rejoining and ultimately, on 25.08.2021, orally refused to reinstate the petitioner in service. 4. Thereafter, the petitioner