High Court of DelhiW.P.(C)/19332/2025

Ajit Kumar Paswan & ANR. v. Iidl Ifci Infrastructure Develpoment Ltd & ANR.

2025-12-19Hon'Ble Mr. Justice Amit Sharma3 pages

.....Petitioners Through:

Mr. Ankit Dwivedi, Advocate.

versus IIDL IFCI INFRASTRUCTURE DEVELOPMENT LTD & ANR. .....Respondents Through:

Ms. Arshi Verma, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 19.12.2025 1.

This hearing has been done through hybrid mode. CM APPL. 80705/2025 (Exemption from Original document) CM APPL. 80706/2025 (Exemption from filing complete record) 2.

Allowed, subject to all just exceptions. The applications are disposed of accordingly.

The present petition under Article 226 read with Article 227 of the Constitution of India, 1950, seeks following prayers:- "a) An appropriate writ for implemention of the award dated 13.03.2024 directing the respondent no.1 to frame the policy with regard to the bonus and to issue the fresh ID cards through respondent no. 1 in terms of the directions contained in the award passed by the LD. POIT.

b) Any other appropriate /direction may kindly be issued in the interest of the justice or appropriate relief to the Petitioners, as the court may deem fit under the above said facts and circumstances c) Respondents be directed to pay the costs of this petition to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner."

Vide award dated 13.03.2025 learned Presiding Officer, Industrial Tribunal-I, Rouse Avenue District Courts, Delhi, had observed as under: - "29. "Payment of Bonus @ 20% from January 2010 to January 2017?

The first demand of workman is related to payment of Bonus @ 20% from January 2010 to January 2017.

The management in the written statement has averred that bonus as per applicable laws has already been given to workers. It is observed that workman are demand the payment of bonus @ 20% from January 2010 to January 2017 and they are not satisfied with the practice/ medium adopted by management qua payment of Bonus to workers. It has also been alleged by management that they are running under loss. Further MW-1 in his cross-examination recorded on 22.02.2024 has deposed that management No. 1 has not paid bonus to the workmen at present and voluntarily stated that management is not running in profit since inception of the property.

Further one offer of employment dated 12.12.2011 is available on record which was issued to workmen Sh. Ajit Kumar Paswan wherein at Sr. No. 22 which is regarding Annual Bonus, it is mentioned that depending on the company performance, paid only to confirmed employees who complete 12 months of service. So parties herein are bound by the terms and conditions containing in Offer of employment. Hence, balance approach has to be taken qua demand of bonus and thus this Tribunal deems fit to direct the management to reconsider the demand of workman qua bonus. Accordingly, management No. 1 is directed to frame policy and reconsider the demand of workmen for grant of bonus at enhanced rate amicably for above period. **** **** ****

35. Relief : In view of my findings on the foregoing issues, this tribunal holds that present terms of reference stands disposed off and claim of workmen stands partly allowed. The award is passed accordingly. It is clarified that whatever findings has been given above by this Tribunal, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the same shall be applicable to above two workmen namley Ajeet Kumar Paswan and Chander Shekhar Pal only but qua management No. 1 only and their claim qua management No. 2 stands rejected. The claim of rest of the workmen stands rejected.

36. During the course of arguments, the above two workmen have submitted that they are working with management No. 1 but they have been issued wrong ID-card. The management No. 1 has no objection to the same. The ID card be issued through management No. 1 afresh in their names."

(emphasis supplied) 5.

Learned counsel appearing on behalf of the petitioners submit that till date, the aforesaid directions of framing policy and reconsider the demand of the workmen for grant of bonus at enhanced rate as well as issuance of ID card by respondent No.1 has not been complied with. 6.

Despite the representation made to Deputy Labour Commissioner, East District, Jhilmil Colony, Vishwas Nagar, Shahdara, Delhi, no action has been taken by the concerned authorities.

In view of the above, the present petition is disposed of with directions to learned Deputy Labour Commissioner East District to treat the present petition as representation and decide the same under intimation to the petitioners within a period of three weeks from the receipt of the present order. 8.

Pending application(s), if any, also stand disposed of. 9.

Copy of the order be sent to Deputy Labour Commissioner, East District, Jhilmil Colony, Vishwas Nagar, Shahdara, Delhi, for necessary information and compliance.

AMIT SHARMA, J DECEMBER 19, 2025/sn The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.