M/S Shuban Sai Honda v. Rajesh Kumar
Case brief
What is this about?
Petitioner sought the quashing of a Labour Court award that granted compensation in lieu of reinstatement to an employee. The High Court upheld the award, finding the management failed to prove willful absence and did not conduct a domestic inquiry before terminating services.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % Date of order: 11th March, 2024 + W.P.(C) 3576/2024 & CM APPL. 14555/2024 & CM APPL. 14556/2024 M/S SHUBAN SAI HONDA ..... Petitioner
Through: Mr. Prashant Kumar Mittal, Advocate
versus
RAJESH KUMAR ..... Respondent Through: Nemo
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
CHANDRA DHARI SINGH, J (Oral)
- The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:
“a) issue a writ in the nature of certiorari or any other writ, order or direction for quashing of and setting aside of award dated 17.01.2023 passed by the Labour Court-06 presided over by Sh. Ajay Goel, Rouse Avenue District Court, New Delhi in LIR No. 804/2018 titled as “RAJESH KUMAR VS M/S SHUBHAM SAI HONDA, and all proceedings emanating therefrom and the statement of claim of the Respondent may kindly be dismissed being not maintainable;
Issues for consideration
3 issues framed by the court
Whether the impugned Labour Court award setting aside the termination and granting compensation in lieu of reinstatement is sustainable under the writ jurisdiction.
Whether the failure of management to conduct a domestic inquiry justifies the interim order granted by the Labour Court.
Whether a police complaint without an FIR or investigation substantiates allegations of willful absence for the purpose of termination.
Parties & counsel
- petitioner
M/S SHUBAN SAI HONDA
- respondent
RAJESH KUMAR
Coram
CHANDRA DHARI SINGH
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court