M/S BSES YAMUNA POWER LTD. vs VINOD KUMAR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 08.04.2026 Date of decision:18.05.2026 Uploaded on: 18.05.2026 + W.P.(C) 3034/2014, CM APPL. 6342/2014 M/S BSES YAMUNA POWER LTD. .....Petitioner Through: Mr. Sandeep Prabhakar, Sr. Adv. with Mr. Vikas Mehta, Advs. versus VINOD KUMAR .....Respondent Through: Mr. Pankaj Tripathi, Mr. Gaurav Antil, Advs. CORAM: HON'BLE MS. JUSTICE SHAIL JAIN JUDGMENT SHAIL JAIN, J. 1. The present Petition has been filed under Article 226 of the Constitution of India, inter alia, challenging the Award dated 22nd March, 2014 (hereinafter also referred to as ‘impugned Award’), passed by the learned Presiding Officer, Industrial Tribunal, Karkardooma Courts, Delhi, arising out of Industrial Dispute (I.D.) No. 14/11 between the Respondent/Claimant and the Petitioner/Management, whereby the learned Tribunal allowed the Respondent/Claimant's claim and subsequently directed the Petitioner/Management to consider the Respondent/Claimant's case for Compassionate Appointment on the merits. Signature Not Verified Signed By:KAPIL W.P.(C) 3034/2014 Page 1 of 23 KUMAR Signing Date:18.05.2026 16:21:40 2. The present dispute arises from the claim raised by the Respondent seeking appointment on compassionate grounds consequent upon the demise of his father, who was employed by the Petitioner Organisation. The Respondent’s request for compassionate appointment, having not been acceded to at the departmental level, the appropriate Government referred the industrial dispute for adjudication to the learned Industrial Tribunal on the issue as to whether the demand for compassionate appointment was justified. Upon adjudication, the learned Tribunal passed the impugned Award holding the demand of the Respondent to be justified and consequently directed the