M/S Sentinels Security Pvt. Ltd. v. Vinod Kumar
Case brief
What is this about?
This High Court dismissed a writ petition challenging a Labour Court award that found a security guard's termination illegal and awarded compensation. The Court held the management failed to prove abandonment due to lack of evidence and upheld the award remitting deposited funds to the workman.
What did the court decide?
The amount deposited by the petitioner with interest accrued thereupon be released to the respondent forthwith.
What the court decided
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % Date of Decision: 07.07.2025
+ W.P.(C) 10066/2024, CM APPL. 41215/2024
M/S SENTINELS SECURITY PVT. LTD. .....Petitioner
Through: Mr. Amod Kumar Dalela and Mr. Pradeep Pandey, Advocates (M:8802520831). versus
VINOD KUMAR .....Respondent Through: None. CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
JUDGMENT (ORAL)
- By way of present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks setting aside of the order dated 31.01.2024 (hereinafter, 8 impugned order9) passed by the Presiding Officer, Labour Court-VI, Rouse Avenue Court, New Delhi in LIR No. 1949/2018.
- In the statement of claim, the workman/respondent claimed to be employed as a gunman with one M/s Johnson Watch Co. (management No.1 before the Labour Court), having been outsourced by the petitioner/management No.2 firm. It is pertinent to mention that while the management No.1 did not participate in the Labour Court proceedings and was proceeded ex-parte, the petitioner/management No.2 contested the claim of the respondent/workman before the Labour Court.
Issues for consideration
2 issues framed by the court
Whether the workman voluntarily abandoned his job or was illegally terminated without proper evidence proving such abandonment.
Whether the burden of proving lack of gainful employment after termination lies with the workman or shifts to the management that contests the unemployment.
Parties & counsel
- petitioner
M/s Sentinels Security Pvt. Ltd.
- respondent
Vinod Kumar
Coram
Manoj Kumar Ohri
Case details
As recorded by the court registry
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