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2026 DAILYLAW 20278 (DEL)

SACHIN v. M/S ZAMIL AIRCONDITIONERS INDIA PVT LTD

W.P.(C)/9152/2023 · 2026-09-24

Manoj Kumar Ohri

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010260172023 + W.P.(C) 9152/2023 SACHIN .....Petitioner Through: Mr.Pravin Sharma, Ms.Kanika Sharma and Mr.Prannav Sharma, Advocates versus M/S ZAMIL AIRCONDITIONERS INDIA PVT LTD .....Respondent Through: Mr.Mrinal Beri, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 24.09.2026 1. By way of the present petition, the petitioner seeks modification of the Award dated 03.02.2023 passed by the learned Presiding Officer, Labour Court-V, Rouse Avenue District Courts, New Delhi in LIR No.1564/2019, whereby the learned Labour Court, while holding that the petitioner's services had been terminated illegally, declined the relief of reinstatement and awarded lump-sum compensation of Rs. 27,692/- in lieu thereof. 2. The petitioner was appointed with the respondent-management on 07.04.2014 as Executive-IT at a last drawn salary of Rs. 25,000/-/. He claims that he was transferred to the respondent's establishment at Nalagarh, Himachal Pradesh. The dispute thereafter arose regarding his joining at Nalagarh, and the petitioner alleged that he was prevented from entering the Delhi office with effect from 03.04.2018. The respondent-management, on the other hand, took the stand that the petitioner had remained absent from duty and had failed to join at the transferred place despite being granted 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 01/10/2026 at 12:14:49 sufficient time. His services were ultimately terminated vide letter dated 09.10.2018. 3. The learned Labour Court, upon consideration of the material on record, held that although the management was entitled to transfer the petitioner in terms of his appointment conditions, the termination was not effected in accordance with the mandatory requirements of Section 25F of the Industrial Disputes Act, 1947. The learned Labour Court accordingly held the termination to be illegal. While considering the relief, it declined reinstatement and awarded Rs. 27,692/- as lump-sum compensation in lieu of reinstatement and all consequential benefits. 4. Learned counsel for the petitioner, on instructions, submits that the petitioner is no longer seeking reinstatement and, having regard to the circumstances of the case, would be satisfied if the compensation is enhanced to Rs. 2,00,000/-. 5. Learned counsel appearing for the respondent-management states that the respondent has no objection to payment of Rs. 2,00,000/- to the petitioner. 6. Considering the aforesaid position and the circumstances of the case, this Court finds it appropriate to modify the quantum of compensation awarded by the learned Labour Court. 7. Accordingly, the compensation awarded to the petitioner vide Award dated 03.02.2023 is enhanced from Rs.27,692/- to Rs. 2,00,000/-. The said amount shall be paid by the respondent-management to the petitioner within a period of four weeks from today. Any amount already paid to or deposited for the benefit of the petitioner pursuant to the impugned Award shall be adjusted against the aforesaid 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 01/10/2026 at 12:14:49 8. The petition is partly-allowed in the aforesaid terms. MANOJ KUMAR OHRI, J SEPTEMBER 24, 2026/sn 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 01/10/2026 at 12:14:49