M/S Biconsecurity Pvt Ltd v. Shri Badshah

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1585/2025 M/S BICONSECURITY PVT LTD .....Petitioner Through:

Mr. Hans Raj Singh, Advocate versus SHRI BADSHAH .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 10.02.2025 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 7759/2025 & CM APPL. 7761/2025 (exemption) 1.

Allowed, subject to all just exceptions.

CM APPL. 7762/2025 (exemption from filing complete Trial Court Record) 2.

The petitioner is directed to place on record the complete trial court record within two weeks. Accordingly, the application stands disposed of. W.P.(C) 1585/2025 & CM APPL. 7760/2025 (stay) 3.

The petitioner has assailed labour court award, whereby in lieu of reinstatement of service, a lump sum compensation of Rs. 1,40,000/- was awarded to the respondent workman.

4.

The reference issued to the labour court was as to whether services of the present respondent and 41 others have been terminated illegally or unjustifiably by the present petitioner management. The present petitioner took a plea before the labour court that it was working as commission agent 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 01/07/2025 at 23:34:57

of M/s. Amway India Ltd. for engaging workmen to do work of the latter, but since the latter shifted its business to Haryana and cancelled the contract, the petitioner requested the workers including the respondent to get themselves transferred to Haryana as it no longer had any work in Delhi. But after trial, the learned labour court held that the present petitioner failed to establish its defence. Para 9.3 to para 9.5 of the impugned award bear crux of the dispute.

5.

Subject to the petitioner depositing the entire awarded amount (inclusive of upto date interest) with Registry of this Court within two weeks, operation of the impugned award shall remain stayed till next date. It is made clear that if the said amount is not deposited within the said period, there shall be no protection and the respondent workman shall be at liberty to get the award executed.

6.

At this stage, learned counsel for petitioner on instructions seeks permission to withdraw this petition so that he may try to settle the dispute outside the court. The petition and the pending applications are dismissed as withdrawn.

GIRISH KATHPALIA, J FEBRUARY 10, 2025/rk Click here to check corrigendum, if any 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 01/07/2025 at 23:34:57