ARUNA DALMIA AND ANR. vs GOVT. OF NCT OF DELHI AND ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 17.03.2026 Pronounced on : 25.05.2026 Uploaded on : 25.05.2026 + W.P.(C) 7218/2018 ARUNA DALMIA AND ANR .....Petitioners Through: Mr. Ujjwal K. Priyardarshi, Advocate. versus GOVT. OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Ravindra S. Garia, Mr. Shashank Singh and Mr. Upendra Singh Raja, Advocates for respondent no.2 (M:9899506150) CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present petition has been filed under Articles 226/227 of the Constitution of India by the petitioners, assailing the award dated 19.03.2018 passed by the learned Presiding Officer, Labour Court-XIX, Dwarka Courts, New Delhi, in LIR No. 7325/2016, whereby the respondent no.2/workman has been held to be entitled to reinstatement along with full back wages. 2. Briefly stated, the workman preferred a claim application, claiming that he had been employed as a driver with the petitioners since June, 2003 and that his last drawn wages were Rs.16,000/- per month. He claimed that despite rendering continuous service, he was denied statutory benefits and Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI W.P.(C) 7218/2018 Page 1 of 5 Signing Date:26.05.2026 13:34:40 his services were illegally terminated on 23.07.2015 without notice, chargesheet, enquiry, or compliance with Section 25F of the Industrial Disputes Act(hereinafter referred to as the ‘ID Act’). The workman further claimed that he had issued a demand notice dated 17.08.2015 seeking reinstatement with continuity of service and back wages, but petitioner no.2/management failed to respond. Thereafter, conciliation proceedings were initiated, however, as no settlement could be arrived at, the dispute was referred to the Labour Court. 3. Learned counsel fo