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2025 Supreme(Del) 683

IN THE HIGH COURT OF DELHI AT NEW DELHI
TARA VITASTA GANJU
Management Of M/S Acfoli Inc – Appellant
Versus
Surender Narayan Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vinay Sabharwal and Mr. Karunesh Shah, Advocates.
For the Respondent:Mr. Sumit Kumar, Advocate.

JUDGMENT :

TARA VITASTA GANJU, J.

1. The present Petition has been filed under Article 226 of the Constitution of India to challenge an Award dated 31.10.2018 passed by the learned Presiding Officer, Labour Court, South-West District, Dwarka Courts, New Delhi in LIR No. 2194/2016 captioned Sh. Surender Narayan Singh v. Management of M/s Acfolinc [hereinafter referred to as “Impugned Award”]. By the Impugned Award, the learned Labour Court has awarded a lump-sum compensation in the sum of Rs.2.5 lacs to the Respondent/Workman along with default interest of 8% p.a.

2. The principal challenge that has been raised by the learned Counsel for the Petitioner/firm is on the fact that the provisions of Chapter V-B of Industrial Disputes Act, 1947 [hereinafter referred to as “ID Act”] does not apply to the Petitioner/firm and that no issue with respect to the same was made by the Respondent/Workman before the learned Labour Court, despite which a detailed finding of “closure” has been given by the learned Labour Court.

3. Learned Counsel for the Petitioner submits that the Petitioner/firm came into existence on 01.04.1996, however on account of unavoidable reasons and pursuant to an order passe

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