M/S SWAN AGENCIES vs SH.MOHAN

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 12.05.2026 % Pronounced on : 26.05.2026 Uploaded on : 26.05.2026 + W.P.(C) 10119/2023 M/S SWAN AGENCIES .....Petitioner Through: Mr. Om Prakash Gupta, Advocate. versus SH.MOHAN .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present writ petition has been filed by the management/petitioner challenging the Award dated 23.03.2023 passed by the learned Labour Court in LIR No. 1947/2017, whereby the claim application filed by the workman/respondent was allowed. 2. Briefly stated, the workman/respondent raised an industrial dispute before the Labour Commissioner, GNCTD. However, the conciliation proceedings remained unsuccessful and the dispute was referred to the Labour Court with the following terms of reference:- “Whether employer-employee relationship ever existed between workman Shri Mohan S/o Shri Banwari and management and if so, whether his services have been terminated illegally and/or unjustifiably by the management; and if so, to what relief is he entitled and what directions are necessary in this respect?” 3. The workman filed his statement of claim stating that he was employed with the management as a ‘Delivery Man’ since 01.06.2008 and that his last drawn salary was Rs. 6,500/- per month. It was further alleged Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI W.P.(C) 10119/2023 Pg. 1 of 4 Signing Date:26.05.2026 19:44:40 that the management was paying wages less than the minimum wages fixed by the Government and, when the same was demanded, the management developed a grudge against him. It was further alleged that on 09.04.2014, while the workman was performing his duties, one Raj Kumar, the Manager, abused and assaulted him, pursuant to which a DD en