Remanded

Jasbir Singh v. Regional Labour Commissioner (Central) Goi and Ors.

Delhi HC10 Dec 2025W.P.(C)/6487/2024

Case brief

AI extract

What is this about?

Writ petition challenging an order rejecting a recovery claim under Section 33C(1) of the ID Act. The High Court remanded the matter for decided based on a prior Tribunal award and added a direction to comply with execution requirements.

What did the court decide?

Impugned order remanded to Dy. Chief Labour Commissioner to decide Section 33C(1) application after hearing parties; Delhi International Airport Limited deleted from array of parties.

Jasbir Singh Vs Regional Labour Commissioner… — Pension and Retirement Benefits | Delhi HC (2025)

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$~58

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 6487/2024, CM APPL. 49797/2025 & CM APPL. 59745/2025

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JASBIR SINGH .....Petitioner

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Through: Mr. Fidel Sebastian, Adv. through Vc. versus

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REGIONAL LABOUR COMMISSIONER (CENTRAL) GOI AND ORS .....Respondents

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Through: Mr. Arvind Nigam, Sr. Adv. with Mr. M. Chaudhry, Ms Swet Shikha, Ms. Shreya, Mr. Vivek Kaushal, Ms. Sakshi Jain, Advs. for R-3.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 10.12.2025 1. This hearing has been done through hybrid mode.

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The present petition under Articles 226 and 227 of the Constitution of India seeks the following prayers: -

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“(a) issue a Writ in the nature of Certiorari or any other appropriate Writ order or direction against the Respondents thereby setting aside the order dated 18.11.2022 passed by Respondent No. 1;

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(b) issue an appropriate Writ, Order or direction directing the Respondent No.1 to initiate proceedings u/s 33 (c) (1) of the ID Act against and in the event of the failure of Respondent No.2 to make payment of amount due to the petitioner, recovery certificate may be directed to be issued to Respondent No. 1;

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(d) pass any other order or orders in favour of the Petitioner which this Hon'ble Court may deem fit & proper in the facts & circumstances of the present Petition may also be passed in favour of the Petitioner and against the Respondents.”

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The present petition challenges the order dated 18.11.2022 passed by

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 12:19:02

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the Office of the Dy. Chief Labour Commissioner (Central) on an application moved on behalf of the petitioner under Section 33C(1) of the Industrial Disputes Act, 1947. While disposing of the said application, learned Regional Labour Commissioner, Central, New Delhi, passed the impugned order wherein, it has been recorded as under: -

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“This is an application filed by Sh. S.B. Shaily Gen. Secretary, Delhi General Workers Union on behalf of Sh. Jasbir Singh S/o Sh. Hari Singh, (Worker) under Section 33 C (1) of the Industrial Disputes Act 1947, for recovery of dues.

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On careful perusal of the claim file it has been observed that a sum of Rs. 23,61,708/- has been claimed by the workman by his own computation based on the difference of pay arrear.

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In the above regard, it must be noted that this Authority is entrusted only with the powers to deal with the claims filed under Section 33 C (1) wherein, the dues are pre-determined in the award or settlement itself. The amount has not determined by the CGIT or any Labour Court.

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In view of the above, the undersigned Authority of is of the considered opinion that the subject matter of the instant claim does not fall under the provision of Section 33 C (1).

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The claim application is disposed off accordingly.” (Emphasis supplied)

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Attention of this Court has been drawn to the award dated 29.04.2019 passed by the learned Central Government Industrial Tribunal-Cum-Labour Court-II, New Delhi on a complaint filed on behalf of the petitioner under Section 33A of the Industrial Disputes Act, 1947, whereby, the learned Industrial Tribunal had passed the following order: -

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“The complainant is accordingly decided in favour of the workman and it is held that the order of the dismissal passed by the management against the applicant was in gross violation of the provision of 33(2)(b) of the ID Act. The workman is deemed to be in service on 26.08.2013 and thereafter with full back wages. The management is further directed to reinstate the workman with immediate effect. Send this award to the appropriate

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 12:19:02

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government for notification as required u/s 17 of the Id. Act. Copy be supplied to the parties and the record be consigned in the record room.

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The complaint is accordingly answered.”

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(Emphasis supplied)

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In view of the specific direction in the aforesaid award dated 29.04.2019 passed by the learned Central Government Industrial TribunalCum-Labour Court-II, New Delhi, the impugned order dated 18.11.2022 passed by Office of the Dy. Chief Labour Commissioner (Central) on the application under Section 33C (1) of the ID Act, 1947 cannot be sustained. 6. In these circumstances, the matter is remanded back to the Dy. Chief Labour Commissioner (Central) to decide the application under Section 33C(1) of the ID Act, 1947 in accordance with law after hearing the concerned parties by a reasoned and speaking order. Let the matter be listed before learned Regional Labour Commissioner, Central, New Delhi, on 13.01.2026. The petitioner is directed to appear before the learned Regional Labour Commissioner on the said date.

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The present petition is disposed of with the aforesaid directions.

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Copy of the order be sent to learned Regional Labour Commissioner, Central, New Delhi, for necessary information and compliance.

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Pending application(s), if any also stand disposed of.

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CM APPL. 69960/2025 (for deleting respondent no. 3/ Delhi International Airport Limited from array of parties)

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The present application filed on behalf of the respondent no. 3 under Order 1 Rule 10 read with Section 151 of the CPC seeks the following prayers: -

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“a) Allow the present application and delete the name of the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 12:19:02

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Respondent No. 3/ Delhi International Airport Limited from the array of parties in the present Writ Petition; and b) Pass any other order (s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”

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Learned Senior Counsel appearing on behalf of the respondent no. 3/ applicant submits that the said respondent was never a party before the Industrial Tribunal and therefore, cannot be made a party to the application filed on behalf of the petitioner under Section 33C(1) of the ID Act, 1947 for execution of the aforesaid award dated 29.04.2019.

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Learned counsel for the petitioner/non-applicant submits that the present application may be allowed without prejudice to the rights and contentions of the petitioner for moving an appropriate application before the Dy. Labour Commissioner seeking impleadment of respondent no.3/ Delhi International Airport Limited.

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In view of the above, the application is disposed of by deleting respondent no. 3/ Delhi International Airport Limited from the array of the parties in the present petition.

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Needless to state that on an application being moved by the petitioner/ non-applicant before the Regional Labour Commissioner for seeking appropriate relief qua the aforesaid respondent, the same shall be decided by the concerned Authority in accordance with law.

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The present application is disposed of in the aforesaid terms.

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AMIT SHARMA, J

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DECEMBER 10, 2025/ kr

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 12:19:02

Jasbir Singh v. Regional Labour Commissioner (Central) Goi and Ors.

Case brief

What is this about?

What did the court decide?

Jasbir Singh v. Regional Labour Commissioner (Central) Goi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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