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2025 Supreme(Online)(Del) 9940

IN THE HIGH COURT OF DELHI AT NEW DELHI
M/S INDRAPRASTHA GAS LIMITED – Appellant
Versus
AMBRISH KUMAR – Respondent


JUDGMENT

RENU BHATNAGAR, J.

1. The challenge in the present writ petition is to the Award dated 05.02.2011 passed by the learned Labour Court, Karkardooma Court , New Delhi (hereinafter referred to as, ‘Labour Court’) in the Industrial Dispute (‘ID’) No. 107/2006 titledSh. Ambrish Kumar versusIndraprastha Gas Ltd,whereby the learned Labour Court granted relief to the respondent reinstating him with continuity of service and full back wages from the date of termination till reinstatement, along with all consequential benefits. The learned Labour Court, on basis of the finding that the operating agreement between the Principal employer/ Indraprastha Gas Ltd (hereinafter referred to as, ‘IGL’)/petitioner and M/S Pratap Enterprises (hereinafter referred to as, ‘Contractor’) was a sham and bogus agreement, just to camouflage/deny the claimant the benefits of a regular employment, has held that the respondent was illegally terminated by the petitioner.

2. The impugned Award has been passed in a direct Claim filed by the respondent/workman under Section 10(4A) of the Industrial Dispute Act, 1947 (hereinafter referred to as ‘ID Act’) before the learned Labour Court whereby the respondent had

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