LPA 501/2026 $~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 501/2026 DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION .....Appellant Through: Mr. Ankit Jain, Sr. Adv. with Ms. Puja Dewan & Mr. Uday Seth, Advs. Versus SH NAGENDER KUMAR .....Respondent Through: Mr. A.K. Pathak, Adv. with Mr. Nagender Kumar, Respondent in person. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 13.07.2026 CM No. 43101/2026 (for exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The Application stands disposed of. CM No.43099/2026 3. The Appellant has filed the present Application under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 seeking condonation of delay of 49 days in filing the present Appeal. 4. Having regard to the averments made in the Application, the prayer made therein is allowed. Accordingly, the delay in filing the present Appeal is condoned. 5. The Application stands disposed of. 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 15/07/2026 at 11:52:47 LPA 501/2026 LPA 501/2026 & CM No.43100/2026 6. Heard the learned Senior Counsel for the Appellant and the learned Counsel for the Respondent. Respondent Nagender Kumar is also present in Court. 7. The learned Counsel for the Parties jointly submitted that the learned Presiding Officer, Labour Court vide Award dated 16.10.2018 (“Award”) has directed the Appellant to reinstate the Respondent on the post of Helper with 25% back wages, continuity of service and all consequential benefits. 8. However, it has been submitted by Mr. A.K. Pathak, learned Counsel for the Respondent, under instructions from the Respondent present in Court, that the Respondent will be satisfied if the Appellant reinstates him to the post of Helper with continuity of service along with all consequential benefits without paying 25% back wages, as ordered by the learned Presiding Officer, Labour Court in the Award. 9. The said statement of the Respondent, through Counsel, is taken on record and the Respondent is bound by the said Statement. 10. In view of the aforesaid, we direct that pursuant to the Award passed by the learned Presiding Officer, Labour Court, the Respondent shall be immediately reinstated to the post of Helper with continuity of service along with all consequential benefits except payment of 25% of the back wages. 11. We have also been informed by learned Senior Counsel for the Appellant that the Appellant, during the pendency of the Writ Petition being W.P.(C) No.555/2019, in compliance of the order passed by learned Single Judge, deposited certain amount with the Registry of this Court. He seeks refund of the said amount. 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 15/07/2026 at 11:52:47 LPA 501/2026 12. Accordingly, we direct that the said amount along with interest, if any, shall be returned back to the Appellant on completion of the requisite formalities. 13. The Appeal as well as pending Application stand disposed of in the aforesaid terms. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J JULY 13, 2026 ‘gsr’ 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 15/07/2026 at 11:52:47