Gajender v. Ryan International School & Anr.

Delhi HC2 Apr 2026W.P.(C)/4343/2026

Case brief

AI extract

What is this about?

Delhi High Court writ petitions (W.P.(C) 4343-4348/2026) by workmen against Labour Court orders of 11.03.2026 and 27.03.2026; closure of right to cross-examine management witness M2(W1) for non-payment of imposed costs set aside; restoration of cross-examination right; substantive justice over procedural default; termination of workmen since 2018; Ryan International School; directions before Labour Court on 06.04.2026; Sachin Datta, J.; oral judgment.

What did the court decide?

Impugned order dated 27.03.2026 set aside to the extent it closed the petitioners/workmen's right to cross-examine M2(W1); that right restored; matter to be taken up by the concerned Labour Court, with directions listed on 06.04.2026 to fix a date for cross-examination of the Management's witness; petitions disposed of accordingly. ¶¶25

Gajender Vs Ryan International School & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶25

Issue for consideration

Whether the Labour Court's order dated 27.03.2026, closing the petitioners/workmen's right to cross-examine the witness of respondent no.2 [M2(W1)] on the ground of non-payment of the cost imposed by order dated 11.03.2026, ought to be set aside so that substantive justice is not defeated.

¶¶22

Court's answer

Since the cause of substantive justice should not be defeated, and taking note that the petitioners are now agreeable to pay the cost imposed vide order dated 11.03.2026, the order dated 27.03.2026 is set aside to the extent it closed the petitioners/workmen's right to cross-examine M2(W1).

¶¶22

Ratio / Principle

The petitioners' right to cross-examine M2(W1) is restored, and the matter shall be taken up by the concerned Court on an appropriate date; directions are listed before the concerned Labour Court on 06.04.2026, when it shall fix a date for cross-examination by the petitioners of the Management's witness.

¶¶23

Detailed headnote1 paragraphs

Writ petitions by workmen (services terminated in 2018) whose right, before the Labour Court at POLCIII/Rouse Avenue Courts, to cross-examine the witness of respondent no.2 [M2(W1)] was closed by order dated 27.03.2026 for non-payment of cost imposed by order dated 11.03.2026. Holding that substantive justice should not be defeated, and noting the petitioners' present willingness to pay the imposed cost, the High Court set aside the order dated 27.03.2026 only to the extent it closed the cross-examination right; the right stood restored and the concerned Labour Court was directed to fix a cross-examination date at directions on 06.04.2026. Petitions disposed of.

¶1

$~123 to 128

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

%	*Date of D*	*ecision : 02.04.2026*
+	W.P.(C) 4343/2026, CM APPL.21142/2026
	GAJENDER	.....Petitioner
	Through: versus
	RYAN INTERNATIONAL SCHOOL & ANR.	.....Respondents
	Through:
124
+	W.P.(C) 4344/2026, CM APPL. 21143/2026
	NARESH KUMAR	.....Petitioner
	Through:
	versus
	RYAN INTERNATIONAL SCHOOL & ANR.	.....Respondents
	Through:
125
+	W.P.(C) 4345/2026, CM APPL.21144/2026
	SATPAL SINGH	.....Petitioner
	Through: versus
	RYAN INTERNATIONAL SCHOOL & ANR.	.....Respondents
	Through:
126
+	W.P.(C) 4346/2026, CM APPL.21145/2026
	SATYA PRAKASH	.....Petitioner
	Through: versus
	RYAN INTERNATIONAL SCHOOL & ANR. Through:	.....Respondents
127
+	W.P.(C) 4347/2026, CM APPL.21146/2026
	MUKESH KUMAR	.....Petitioner
	Through: versus

¶4

Signature Not Verified

¶5

W.P.(C) 4343/2026 & Connected Matters Page 1 of 3

¶6

Digitally Signed By:ROHIT KUMAR PATEL Signing Dat e:0 6.04.2026 13:27:41

¶7

RYAN INTERNATIONAL SCHOOL & ANR. .....Respondents Through:

¶8

128

¶9

W.P.(C) 4348/2026, CM APPL.21147/2026 MUKESH KUMAR .....Petitioner Through: versus RYAN INTERNATIONAL SCHOOL & ANR. .....Respondents Through:

¶10

Presence: Mr. Anuj Aggarwal, Mr. Anikt Mutreja, Ms. Shivani, Ms. Kritika Matta, Ms. Tanya Rose and Mr. Pradeep Kumar, Advocates for petitioners.

¶11

Ms. Saumya Bajaj, Advocate for respondent no.1.

¶12

CORAM:

¶13

HON'BLE MR. JUSTICE SACHIN DATTA

¶14

SACHIN DATTA, J. ( Oral )

¶15

The present petitions have been filed by the petitioners/workman assailing the orders dated 11.03.2026 and 27.03.2026 passed by the POLCIII/Rouse Avenue Courts, New Delhi.

¶16

Vide order dated 27.03.2026 inter-alia the right of the petitioners/workmen to cross-examine witness of respondent no.2 [i.e., M2(W1) before the Labour Court] was closed by the Labour Court. The same was done on the basis that the necessary cost as previously imposed vide order dated 11.03.2026, was not paid.

¶17

Learned counsel for the petitioners submits that since the services of the petitioners were terminated from their services as far back as in 2018 and

¶18

Signature Not Verified

¶19

Digitally Signed By:ROHIT W.P.(C) 4343/2026 & Connected Matters Page 2 of 3 KUMAR PATEL Signing Dat e:0 6.04.2026 13:27:41

¶20

that for the last many years the petitioners have been out of job, the cost imposed by the Court resulted in financial hardship which the petitioners were not in a position to bear immediately. However, it is submitted that the petitioners are now agreeable to abide by the directions for payment of cost imposed.

¶21

It is further submitted that the impugned order dated 27.03.2026 shall cause grave prejudice to the rights of the petitioners to obtain due redressal in the proceedings before the Labour Court.

¶22

Considering that the cause of substantive justice should not be allowed to be defeated, also taking note of the fact that the petitioners are now agreeable to pay the cost imposed vide order dated 11.03.2026, the order dated 27.03.2026 to the extent it takes to close the right of the petitioners/workmen to cross-examine M2(W1), is set aside.

¶23

Accordingly, the petitioners’ right to cross-examine M2(W1) is restored. The matter shall accordingly be taken up by the concerned Court on an appropriate date.

¶24

List for directions before the concerned Labour Court on 06.04.2026. On the said date, the concerned Court shall fix a date for cross-examination by the petitioner of the witness of the respondent/Management.

¶25

The present petitions stand disposed of in the above terms.

¶26

APRIL 2, 2026/ at

¶27

SACHIN DATTA, J

¶28

Signature Not Verified

¶29

W.P.(C) 4343/2026 & Connected Matters Page 3 of 3

¶30

Digitally Signed By:ROHIT KUMAR PATEL Signing Dat e:0 6.04.2026 13:27:41

Gajender v. Ryan International School & Anr.

Case brief

What is this about?

What did the court decide?

Gajender v. Ryan International School & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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