M/S SANJAY GARMENTS vs RAKESH KUMAR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 10.03.2026 Date of decision:14.05.2026 Uploaded on: 14.05.2026 + W.P.(C) 1771/2013 M/S SANJAY GARMENTS .....Petitioner Through: Mr. Paritosh Bhudhiraja, Ms. Larika Khandelwal, Mr. Rishi Raj Dewshwal,Advs. versus RAKESH KUMAR .....Respondent Through: Mr. Krishna Dev Pandey, Adv. CORAM: HON'BLE MS. JUSTICE SHAIL JAIN JUDGMENT SHAIL JAIN, J. 1. The present Writ Petition has been instituted by the petitioner/Management, M/s Sanjay Garments, under Articles 226 and 227 of the Constitution of India assailing the Award dated 03.07.2010 passed by the learned Presiding Officer, Labour Court–XI, Delhi. BRIEF FACTS 2. The brief factual matrix, as borne out from the record, is that the petitioner, M/s Sanjay Garments, is a proprietary concern of which Shri Sanjay Kumar ,is the sole proprietor . The establishment is situated at 2/25, Moti Nagar, New Delhi – 110015 and is engaged in garment stitching work, engaging four to five persons at a time. 3. The respondent/workman, Shri Rakesh Kumar, was engaged in stitching work at the said establishment. According to the Signature Not Verified Signed By:KAPIL W.P.(C) 1771/2013 Page 1 of 26 KUMAR Signing Date:14.05.2026 17:20:54 respondent/workman, he had been working as a tailor with the Management for over twelve years, initially with M/s Dayal Sons Selection and thereafter with M/s Sanjay Garments, both stated to be functioning from the same premises at 2/25, Moti Nagar, New Delhi, and was drawing last wages of Rs. 2,000/- per month. The respondent/workman claimed that he was working as a permanent employee under the supervision and control of the Management at the establishment premises. 4. The case of the petitioner/Management was materially different. According to the petitioner/