23 May, 2025
In a significant ruling, the Delhi High Court has upheld the Labour Court's award of ₹70,000 as compensation to a Safai Karamchari who was unlawfully terminated by Deen Dayal Upadhyay (DDU) Hospital. The Court emphasized that once an employee establishes their employment status, the onus shifts to the employer to justify the termination.
Case Background
The petitioner, a Safai Karamchari, was engaged by DDU Hospital from 1989 to 1992. He was abruptly terminated without any formal inquiry or notice. Challenging the termination, the petitioner approached the Labour Court, which ruled in his favor, awarding ₹70,000 as compensation in lieu of reinstatement.
High Court's Observations
Justice Manoj Jain, J., of the Delhi High Court observed:
"Once the workman has proved his employment, the burden of proof shifts to the management to justify the termination."
The Court noted that DDU Hospital failed to provide any evidence or conduct an inquiry to substantiate the termination. The absence of a proper procedure rendered the dismissal arbitrary and unjust.
Legal Implications
This judgment reinforces the principle that employers must adhere to due process before terminating an employee. It underscores the protections afforded to workers under the Industrial Disputes Act, ensuring that terminations are not carried out without just cause and proper procedure.
Conclusion
The Delhi High Court's decision serves as a reminder to employers about the importance of following legal protocols in employment matters. For workers, it reaffirms the legal avenues available to challenge unjust terminations and seek appropriate remedies.
[Deen Dayal Upadhyay Hospital v. Sangeeta, CM(M) 1438/2019, decided on 15-05-2025]