HARI SHANKAR vs GOVT. OF NCT OF DELHI AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 19.03.2026 Pronounced on: 05.05.2026 Uploaded on: 06.05.2026 + W.P.(C) 11179/2019 HARI SHANKAR .....Petitioner Through: Mr. Abhishek Singh, Ms. Priyanka and Mr. Karan Chaudhary, Advocates versus GOVT. OF NCT OF DELHI AND ORS. .....Respondent Through: Ms Avni Singh Panel Counsel GNCTD for Respondent GNCTD, Mr. Rajiv Arora, Advocate for respondent nos. 2 & 3 CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present writ petition is directed against the Award dated 06.02.2019 passed in LIR No. 2404/16 (Old I.D. No. 546/11) by the learned Presiding Officer, Labour Court-IX, Dwarka Courts, New Delhi, whereby the claim of the petitioner-workman seeking reinstatement with back wages has been dismissed. 2. The case of the claimant, as set out in the claim petition, is that he was employed with the respondent-management as a Sample-man and was drawing wages of Rs. 5,000/- per month, w.e.f. 03.12.2002 and continued in Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI W.P. 11179/2019 Pg. 1 of 5 Signing Date:06.05.2026 19:50:25 service till 15.05.2010. It was alleged that during the course of employment, he was not extended statutory benefits such as overtime wages, leave benefits, bonus and other service entitlements. The claimant further averred that on 15.05.2010, upon demanding his lawful dues, the management terminated his services without issuing any notice, and without payment of retrenchment compensation. 3. In evidence, the workman examined himself as WW-1 and reiterated his case by way of affidavit (Ex. WW-1/A). He relied upon documents marked as Mark ‘A’ (copy of the list of 62 employees whose ESI Smart Forms submitted with ESI on 05.11.2009 and Mark ‘B’ (copies of gate passes). 4. The workman