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2025 Supreme(Online)(Del) 47164

IN THE HIGH COURT OF DELHI AT NEW DELHI
HARIOM SHARMA & ORS. VS. EMPLOYEES STATE INSURANCE CORPORATION & ANR.
W.P.(C) 19332/2025



##PAGE1##

$~94

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19332/2025

AJIT KUMAR PASWAN & ANR. .....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.

W.P.(C) 19332/2025

3. 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

This is a digitally signed order.

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 06/02/2026 at 13:59:50

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Petitioner.”

4. 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,

This is a digitally signed order.

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 06/02/2026 at 13:59:50

##PAGE3##

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 managem

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