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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:- 12.01.2026 Date of Decision:- 19.03.2026 + LPA 788/2025 & CM APPL. 81562/2025 THE MANAGEMENT OF MOOLCHAND KHAIRATI RAM HOSPITAL AND AYURVEDIC RESEARCH INSTITUTE .....Appellant Through: Mr.Gaurav Bahl, Adv. with Mr.Gokul Sharma, Adv.

versus MRS THRESIAMMA GEORGE .....Respondent Through: Mr.N.D. Pancholi, Adv. with Mr.Vishal Pancholi, Adv.

CORAM:

HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

J U D G M E N T

DEVENDRA KUMAR UPADHYAYA, C.J.

1. This intra-court appeal seeks to challenge the judgment and order dated 28.11.2025 passed by the learned Single Judge, whereby W.P.(C) 13418/2018 instituted by the appellant against the Award dated 10.04.2018 rendered by Labour Court No. V, Dwarka Courts, Delhi (hereinafter referred to as the “Labour Court”), has been dismissed.

At this juncture itself, we may note that the Labour Court, while passing the Award, has held that the dismissal of the services of the sole respondent without holding a domestic inquiry was illegal and unjustified. The Labour Court has further held in its Award dated 10.04.2018 that the respondent is entitled for reinstatement with full back-wages along with other benefits as applicable with periodical revision of wages from the date her services were terminated.

2. The facts as can be culled out from the pleadings available on record are as under:

i. The respondent was appointed as staff nurse with the appellant on

15.04.1987.

ii. During the period she was serving as a staff nurse with the appellant, an Industrial Dispute bearing no. 86/1998 was raised in respect of the pay scale and service conditions of the employees working with the appellant.

iii. During the pendency of the said industrial dispute, the respondent was dismissed from service on certain allegations, such as (a) that the respondent supported violent agitation against the appellant organized by its employees, namely, Mr. Vijender Singh, Mr. Banwari Lal, Mr. Jagminder Singh, Mr. A.K. Sethi, Mrs.Bridget V.M., Mr. Rattan Singh, Mr. Jagat Ram and Mr. Satish Kumar, etc., (b) that she had been blocking the ingress and egress of other employees, who were not supporting the agitation and were willing to discharge their duties in the hospital, (c) that she along with other employees struck the work of the hospital and gathered in the Cafeteria and made certain demands and further that she along with other employees forcibly entered the office of one of the officials of the appellant and threatened him with dire consequences, (d) that she along with other employees organized and led demonstration and dharna and blocked the entry and exit of the hospital occupying all the spaces in the office of the Chairman, (e) that the respondent indulged in making a human chain outside the main office and blocked the same and threatened the other employees with dire consequences, (f) that she led a mob which indulged in shouting and misbehaved with certain employees, and (g) that she abused the Doctors and Managers of the hospital run by the appellant during gheraos on three dates. iv. The dismissal order dated 14.09.1998 was passed on these charges by the Manager (Personnel) of the appellant finding that the incidents and circumstances created by the respondent’s dereliction in duty and supporting violence and therefore, her presence in the hospital had become detrimental in the interest of the hospital and other employees rendering her liable to disciplinary action, but the situation was not conducive to hold inquiry as violence was anticipated and further that the Management had lost confidence in her.

v. Admittedly, before dismissing the respondent, no inquiry was held, neither any charge sheet was issued to the respondent, nor any explanation in respect of the misconduct was sought from the respondent.

vi. An application was moved before the Presiding Officer, Industrial Tribunal – II, Karkardooma Courts, Delhi (hereinafter referred to as the “Industrial Tribun