Delhi District Court
Kamal Dev Pandit vs M/S Narayna Learning Pvt Ltd on 19 January, 2026
IN THE COURT OF SH. ARUN KUMAR GARG
PRESIDING OFFICER : LABOUR COURT-III
ROUSE AVENUE COURTS COMPLEX : NEW DELHI.
CNR No. DLCT13-006125-2023
Ref. No. F.24(41)/R/294/SWD/Lab./148 dated 23.10.2023
LIR No. 1486/2023
Sh. Kamal Dev Pandit S/o Sh. Prabhu Nath Pandit,
Mobile No. 9312328815
R/o A-52, Krishna Enclave, Jharoda Kalan, Najafgarh,
New Delhi-110072.
Through:
Sh. Ramesh Kumar, General Secretary,
Delhi Samajwadi Industrial Workers Union
(Regd.4544),
L-48, Prem Nagar-II, Kirari,
Delhi-110086
Mobile No. 9313796726 ..... Workman
VERSUS
M/s. NSPIRA Management Services Pvt. Ltd.,
(substituted vide order dated 16.09.2025 in place of
M/s Narayana IIT Academy and
M/s Narayana Learning Pvt. Ltd.)
1-98/9/6, 10th Floor, Mellage Tower,
MCH-23/37, Survey No. 80, Sector 84,
Pathrika Nagar, Madhopur,
Hyderabad, Andhra Pradesh
Also at:
Plot No. 42, Sector-12-B,
Opposite Bal Bhawan School, Dwarka,
New Delhi-110075.
E-mail: [email protected]
Through:
Its AR Mohd. Atiqur Rehman
LIR No. 1486/2023
Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 1 of 28
Mobile No. 7065075834
Through its Counsel:
M/s Atul Kumar & Associates
C-71, Lower Ground Floor
Greater Kailash-1,
New Delhi-110048
Mob. 9315148874
E-mail: [email protected] ..... Respondent
Date of Institution of the case : 09.11.2023 Date on which Award is passed : 19.01.2026 AWARD
1. By this award, I will dispose off the claim of Workman, filed pursuant to reference under Section 10(1)(C) & 12(5) of Industrial Disputes Act, 1947, received from the office of Deputy Labour Commissioner (South-West), Labour Department, Govt. of NCT of Delhi vide order no. F.24(41)/R/294/SWD/Lab./148 dated 23.10.2023, whereby, the following issue has been referred to this Court for adjudication:-
"Whether Sh. Kamal Dev Pandit S/o Sh. Prabhu Nath Pandit, (Aged - 44 Years), Mobile No. 8383005521, Aadhar Card No. 703679987157 has voluntarily resigned from his services on his own, or his services have been terminated illegally and/or unjustifiably by the Management; and if so, to what relief is he entitled and what directions are necessary in this respect?"
2. The aforesaid reference was received by this Court on 09.11.2023 and the statement of claim was thereafter filed by Workman on 07.02.2024, impleading M/s. Narayana IIT Academy and M/s. Narayana Learning Pvt. Ltd. as Managements no. 1 and 2 respectively. It is the case of Workman, as per aforesaid statement of claim, that he had been continuously LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 2 of 28working with Managements at the post of Electrician since 03.07.2008, against last drawn monthly wages of Rs. 14,483/-, however, Managements have neither issued any appointment letter, nor, any identity card in his name. It was only after a considerable period of time from the date of his joining, according to Workman, that Management no. 2 had issued an ESI card, identity card and pay slips in the name of Workman, however, no other statutory facilities such as- attendance card, leave book, annual and casual leave, over-time wages, bonus and PF etc. were ever provided to him.
3. In the month of June 2016, according to Workman, Managements had removed one of its employee namely Ram Kumar and had instructed him to perform the work of Ram Kumar with the assurance of payment of double wages, however, despite taking double work from him in the month of June 2016, Managements had failed to make the payment of double wages to Workman. In the month of May 2017, according to him, under a pre-meditated conspiracy, Managements have issued a new Employee Code No. 264000353 to Workman and when the Workman objected to the same, Managements started threatening him of his removal from the services of Managements and hence the Workman continued to work with Managements despite non- payment of his due wages for the month of May 2017.
4. Subsequently, according to Workman, another Employee Code No. 852900017 was given to him by Managements and w.e.f. 25.05.2018, services of Workman were illegally terminated by Managements without any advance intimation/payment of his dues. It is further his case that it was only on 02.06.2018 that he LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 3 of 28was informed by Accountant of Managements qua termination of his services w.e.f. 25.05.2018 without disclosing any reason for the same and despite the fact that he had continuously worked with Managements until 02.06.2018.
5. Under the aforesaid circumstances, according to him, termination of his services by Managements, while, withholding his earned wages for the period 01.05.2018 to 02.06.2018, his dues towards leave encashment, over-time wages and bonus, without payment of any notice pay/service compensation, charge- sheet or domestic inquiry is illegal being in violation of provisions of Section 25F of Industrial Disputes Act, 1947. Managements, according to him, have failed to respond to his demand for reinstatement, vide demand notice dated 14.06.2018, and have not even appeared before the Labour Inspector despite direction of the Labour Inspector to produce the relevant record pursuant to a complaint dated 26.06.2018 of the Workman to the Labour Department. Workman, according to him, was thus constrained to file a statement of claim before the Conciliation Officer, however, due to lack of interest on the part of Managements, matter has been referred to the Labour Court.
6. It is further his case that a claim was thereafter filed by him before the concerned Labour Court, which was later on withdrawn on 23.08.2022, due to some error in the name of Managements, while, reserving his right to file a fresh claim on the same cause of action. Workman, according to him, has thereafter filed a fresh case against the Managements in the Labour Department, however, failure of the Managements to take him back on duty has led to the present reference. Workman has LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 4 of 28thus prayed for his reinstatement into the job of Managements with full back wages, accrued wages, continuity of service and other consequential benefits, while, alleging himself to be wholly unemployed since the date of termination of his services.
7. Managements have thereafter entered appearance on 06.04.2024 through their AR Sh. Sahil Kumar and sought time to file their written statements. A joint written statement on behalf of both the Managements was thereafter filed on 03.09.2024, wherein, M/s NSPIRA Management Services Pvt. Ltd. (hereinafter referred to as the Respondent) was referred to as Management no. 2 despite the fact that as per statement of claim filed by Workman, M/s Narayana Learning Pvt. Ltd. was impleaded as Management no. 2.
8. Brief case of Managements, as per their written statement, is that the Workman had joined the services of M/s. Narayana IIT Academy as an Electrician on 03.06.2008 vide Employment ID No. 264-00036 against a gross monthly salary of Rs. 15,400/- and was provided with Universal Account No. 100187028013 by Management no. 1 i.e. M/s. Narayana IIT Academy on the same day, wherein, all the contributions in the name of Workman towards PF were deposited by M/s. Narayana IIT Academy on regular basis until his last working day i.e. 30.06.2017, in as much as, he had resigned from the services of M/s. Narayana IIT Academy on 27.05.2017. Subsequently, according to Managements, he had made a request for rejoining M/s. NSPIRA Management Services Pvt. Ltd. w.e.f. 01.07.2017 and was allowed to rejoin the services of the aforesaid company on humanitarian grounds and an Employee ID No. 852900017 and LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 5 of 28UAN bearing no. 101165390234 were issued to Workman by M/s. NSPIRA Management Services Pvt. Ltd., wherein, all his contributions towards EPF were being regularly deposited by M/s. NSPIRA Management Services Pvt. Ltd. w.e.f. 01.07.2017 to 01.07.2018 i.e. until the date, Workman had resigned from the services of M/s. NSPIRA Management Services Pvt. Ltd.
9. It is further the case of Managements that since Workman had voluntarily resigned from the services of Management no. 2 on 01.07.2018, the provisions of Section 25F of Industrial Disputes Act, 1947, are not attracted to the present case. Managements have thus prayed for dismissal of aforesaid claim of Workman, while, alleging that no legal notice of demand had ever been served by Workman upon Managements.
10. A rejoinder to the aforesaid written statement was thereafter filed by Workman, wherein, he has once again reiterated the averments made by him in his original statement of claim and has denied the contrary averments made by Managements in their written statement.
11. Thereafter, on the basis of pleadings of parties, following issues were settled by this Court vide order dated 28.10.2024:-
(i) Whether the Workman has voluntarily resigned from his services? (OPM1 and M2)
(ii) Whether the claim of the Workman is liable to be dismissed for want of service of demand notice by him upon the Managements before filing of the present statement of claim? (OPM1 and M2)
(iii) Whether the services of Workman have been terminated by the Managements illegally and/or unjustifiably w.e.f. 02.06.2018? (OPW) LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.Award dated 19.01.2026 Page 6 of 28
(iv) Relief, if any.
12. Workman has thereafter filed an affidavit dated 20.12.2024 in his evidence, however, after he pleaded ignorance to the contents thereof, vide order dated 20.12.2024, aforesaid affidavit of Workman was expunged from record and he was verbally examined-in-chief as WW-1. During his examination, Workman has relied upon a copy of his aadhar card Ex.WW1/1 and copy of pay slips allegedly issued by Managements in his name from time to time Mark-WW1/2 (colly). WW-1 was duly cross-examined by Ld. Counsel for Managements on 31.01.2025. No other witness was examined on behalf of Workman in support of his case and hence, on a separate statement of Workman, Workman's evidence was closed vide order dated 31.01.2025.
13. Matter was thereafter adjourned for entire Managements' evidence. An affidavit of Mohammad. Atiqur Rehman on behalf of Managements was thereafter filed on record along with an authority letter dated 25.10.2024 purportedly signed by Chief Risk Officer of M/s. NSPIRA Management Services Pvt. Ltd. It was thus inquired from Ld. AR of Managements as to how an affidavit of an employee of M/s NSPIRA Management Services Pvt. Ltd. could have been filed by Managements who was representing himself to be the AR of Managements, when, M/s NSPIRA Management Services Pvt. Ltd. was not even a party to the present proceedings. In response, it was submitted by Ld. AR of Managements that as per his instruction M/s. Narayana Learning Pvt. Ltd. i.e. Respondent no. 2 before this Court had probably changed its name to M/s. NSPIRA Management Services Pvt. Ltd. and it was because of the aforesaid reason that LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 7 of 28even his vakalatnama, purportedly filed on behalf of Managements, was even signed by Mohammad Atiqur Rehman as an authorized representative of M/s. NSPIRA Management Services Pvt. Ltd. The Court, however, could not have acted upon the aforesaid submissions for want of sufficient pleadings as well as documents on record and hence, on 25.04.2025, an opportunity was sought by Ld. AR for Managements to take appropriate steps for removal of the aforesaid ambiguity. The said opportunity was thus granted to him vide order dated 25.04.2025.
14. Separate applications under Order 6 Rule 17 CPC and under Order 1 Rule 10 CPC were thereafter filed on behalf of M/s. NSPIRA Management Services Pvt. Ltd. on 14.07.2025, seeking impleadment of M/s. NSPIRA Management Services Pvt. Ltd. as a party/respondent in the present case and for amendment of written statement already filed on behalf of Managements along with a copy of business transfer agreement dated 25.03.2017 purportedly executed between Management no. 2 and M/s. NSPIRA Management Services Pvt. Ltd. and minutes of meeting dated 06.03.2017 of the Board of Management of M/s. NSPIRA Management Services Pvt. Ltd.
15. During the course of arguments on the aforesaid applications, it was submitted by Ld. Counsel for M/s. NSPIRA Management Services Pvt. Ltd. that the business of Management no. 2, which was being carried on under the trade name of Management no. 1, was taken over by M/s. NSPIRA Management Services Pvt. Ltd. as an ongoing concern pursuant to business transfer agreement dated 25.03.2017 and hence, the name of M/s. NSPIRA Management Services Pvt. Ltd. is required LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 8 of 28to be substituted in place of both the Managements. Application of M/s. NSPIRA Management Services Pvt. Ltd. under Order 1 Rule 10 r/w Section 151 CPC, seeking its substitution in place of both the Managements, was thus allowed by this Court vide order dated 16.09.2025 after a no objection in this regard was given on behalf of Workman. Amended memo of parties was thereafter filed by Workman on 13.11.2025.
16. So far as the second application of M/s. NSPIRA Management Services Pvt. Ltd. under Order 6 Rule 17 r/w Section 151 CPC is concerned, the same was dismissed by this Court vide order dated 16.09.2025 while permitting M/s. NSPIRA Management Services Pvt. Ltd. to file a fresh written statement. However, prior thereto, an opportunity was sought by Workman to amend his statement of claim, which, was allowed by this Court vide order dated 16.09.2025.
17. Workman has thereafter filed an amended statement of claim on 16.10.2025, which is almost a verbatim reproduction of averments made by him in his original statement of claim, except, that in his amended statement of claim, he has denied any knowledge about transfer of business of Managements no. 1 and 2 to the Respondent M/s NSPIRA Management Services Pvt. Ltd.
18. A fresh written statement to the aforesaid amended statement of claim of Workman was thereafter filed by the Respondent M/s. NSPIRA Management Services Pvt. Ltd. on 13.11.2025. Brief case of Respondent, as per its written statement is that earstwhile Management no. 1 i.e. M/s Narayana IIT Academy was not even an organization, whereas, the business of LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 9 of 28earstwhile Management no. 2 M/s. Narayana Learning Pvt. Ltd, comprising of all its assets, employees, liabilities, licenses on a slump sale basis, was purchased by Respondent vide business transfer agreement dated 25.03.2017. Respondent has admitted in its written statement that Workman had joined the services of erstwhile Management no. 2 as an Electrician on 03.06.2018, however, has refuted the plea of Workman that he was not provided with any universal account number at the time of his joining Management no. 2.
19. Rather, according to Respondent, Workman was provided with universal account number, by erstwhile Management no. 2, on the very first date of his appointment and erstwhile Management no. 2 had thereafter regularly deposited and paid complete PF contributions in the PF Account of Workman since the date of his joining until his last working day. Thereafter, according to Respondent, pursuant to business transfer agreement dated 25.03.2017, entire business of erstwhile Management no. 2 including its assets, liabilities, rights and obligations were duly transferred to the Respondent and the Respondent assumed all operational control, besides, the employees and related obligations.
20. After execution of aforesaid agreement, according to Respondent, looking into the track record of employees of erstwhile Management no. 2, all the employees of erstwhile Management no. 2, including Workman, were given an opportunity to continue with their employment with Respondent and Workman, after accepting the aforesaid offer of Respondent, started working with Respondent against a salary of Rs. 15,400/-
LIR No. 1486/2023Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 10 of 28per month. After working for a period of about three months with respondent, according to Respondent,Workman verbally resigned from his services on 27.05.2017 and was thus relieved from his duty in the same month after full and final settlement of his account. Workman, according to Respondent, has again approached the Respondent in July 2017 with a request for his reinstatement and considering the aforesaid request of Workman on humanitarian ground, Respondent permitted him to rejoin the services of Respondent w.e.f. 01.07.2017 as a new employee and hence, a New Employee ID No. 852900017 and UAN No. 101165390234 were allotted to the Workman by the Respondent, whereafter, Respondent had been regularly depositing his PF and ESI contributions in the aforesaid accounts.
21. After working with Respondent for a continuous period of one year, according to Respondent, starting July 2018, Workman stopped reporting to the office of Respondent and did not serve any request or demand notice dated 14.06.2018 upon the Respondent. In fact, according to Respondent, alleged demand notice dated 14.06.2018 was admittedly addressed by the Workman to a non-existent entity namely M/s. Narayana IIT Academy in order to avoid any reply/clarification from the Respondent. It is further the case of Respondent that voluntary resignation of Workman from his services with Respondent, due to his own personal reasons, does not fall within the definition of retrenchment under Section 2(oo) of Industrial Disputes Act, 1947 and hence, does not attract the provisions of Section 25F of Industrial Disputes Act, 1947. Respondent has thus prayed for dismissal of present claim of Workman with exemplary cost.
LIR No. 1486/2023Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 11 of 2822. A rejoinder to the aforesaid written statement of Respondent was thereafter filed by Workman on 20.11.2025, wherein, he has once again reiterated the averments made by him in his amended statement of claim and has denied the contrary averments made by Respondent in its written statement.
23. Thereafter, on the basis of pleadings of parties, following fresh issues were settled by this Court vide order dated 24.11.2025:
(i) Whether the Workman has voluntarily resigned from the services of Management or has stopped reporting on his duties with Management since July 2018 without any intimation? OPM
(ii) Whether the services of Workman were terminated by Management illegally and/or unjustifiably with effect from 25.05.2018 as communicated by the Accountant of the Management on 02.06.2018? OPW
(iii) Relief, if any.
24. Workman has thereafter examined himself as WW-1 i.e. as the sole witness in support of his case and tendered his evidence by way of affidavit Ex.WW1/A along with following documents:
(i) Ex.WW1/1: Copy of his ESI card.
(ii) Ex.WW1/2(colly): Copy of his pay slips.
(iii) Ex.WW1/3: Copy of his identity card.
(iv) Ex.WW1/4(colly): Copy of attendance register.
(v) Ex.WW1/5: Copy of Online police complaint dated 11.11.2025 qua misplacement of originals of the documents Ex. WW-1/4(colly).
(vi) Ex.WW1/6: Copy of demand notice dated 14.06.2018 of Workman.
(vii) Ex.WW1/7: Copy of postal receipt regarding LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 12 of 28dispatch of aforesaid demand notice.
(viii) Ex.WW1/8: Copy of Complaint dated 26.06.2018 of Workman to the Labour Department.
25. Workman was duly cross-examined by Ld. Counsel for Respondent. No other witness was examined on behalf of Workman despite opportunity and hence, on a separate statement of Workman, Workman's evidence was closed vide order dated 18.12.2025.
26. Respondent has thereafter examined its Assistant Branch Manager, Mohammad Atiqur Rehman as MW-1 i.e. as the sole witness in support of its case, who has tendered his evidence by way of affidavit Ex.MW1/A along with following documents:
(i) Ex.MW1/1: Authority letter dated 25.10.2024 in favour of MW-1.
(ii) Ex.MW1/2: Copy of Business Transfer Agreement dated 25.03.2017 between M/s. Narayana Learning Pvt. Ltd. and M/s. NSPIRA Management Services Pvt. Ltd.
(iii) Ex.MW1/3: Statement of PF and ESI contributions made by Respondent no. 1 for the period 03.06.2008 to 30.06.2017.
(iv) Mark-MW1/8: Biometric attendance record of the Workman.
27. MW-1 was duly cross-examined by Ld. AR for Workman on 07.01.2026. No other witness was examined on behalf of Respondent despite opportunity and hence, Respondent's evidence was closed by this Court vide order dated 07.01.2026.
28. Final arguments on behalf of both the parties were thereafter heard. It is submitted by Ld. AR for Workman that Workman has LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 13 of 28been able to prove all the averments made by him in his statement of claim through his uncontroverted testimony in the form of affidavit Ex.WW1/A, which is duly corroborated by the documents Ex.WW1/1 to Ex.WW1/8 tendered by him in his evidence. He submits that the Respondent has taken a false plea to the effect that Workman had himself left its services w.e.f. 01.07.2018 despite the fact that the Workman has never left or resigned from the services of Managements or the Respondent. Rather, according to him, services of Workman were illegally terminated by Managements w.e.f. 02.06.2018 by instructing him not to report on duty with effect from the next day, though, the Accountant of Managements had informed him that his services had already been terminated by Managements w.e.f. 25.05.2018.
29. He submits that Respondent has failed to produce any document in support of its plea in the written statement that Workman had resigned from the services of Managements firstly in May 2017 and again in July 2018. The sole witness examined by Respondent in support of its case, according to him, was admittedly having no personal knowledge of the facts deposed in his affidavit and hence could not have proved the aforesaid fact. Moreover, according to him, Respondent has also failed to produce any document to prove that Workman was ever informed by erstwhile Managements about transfer of their business undertaking, vide the alleged business transfer agreement dated 25.03.2017, to the present Respondent. He submits that Workman has not only been able to prove illegal termination of his services by the Managements w.e.f. 02.06.2018, but, he has also been able to prove himself to be wholly unemployed since the date of LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 14 of 28illegal termination of his services by Managements. Either of the Managements or Respondent, on the other hand, according to him, has failed to prove that Workman had remained gainfully employed at any point of time after illegal termination of his services by Managements. Workman, according to him, is thus entitled to his reinstatement with full back wages, continuity of service and other consequential benefits.
30. On the other hand, Ld. Counsel for Respondents submit that the whole employment of Workman, either with the erstwhile Managements or with the Respondent, should be seen in three stages. First stage, according to him, is since the date of his joining Management no. 1 i.e. since the year 2008 until the date of transfer of business undertaking of erstwhile Management no. 2 to Respondent i.e. March 2017, when, he had remained in employment of erstwhile Managements no. 1 and 2. The second stage, according to him, is w.e.f. 25.03.2017 until May 2017 during which period, he had remained employed with the Respondent, pursuant to transfer of business of erstwhile Managements to the present respondent vide Business Transfer Agreement dated 25.03.2017. Third stage, according to him, starts w.e.f. 01.07.2017 until May 2018, during which period, he remained employed with the present Respondent and had eventually stopped reporting on his duty since July 2018 without any intimation to Management.
31. He submits that admittedly during the first stage of his employment with erstwhile Managements, Workman had no issues whatsoever with erstwhile Managements, in as much as, he had admittedly been paid all his dues up to March, 2017. He LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 15 of 28submits that the Workman has also admitted that the present Management has cleared all his dues until May 2017. He submits that Workman has failed to produce any document to prove that he had received any wages from Managements/Respondent for the month of June 2017, in as much as, during the month of June 2017, according to Respondent, Workman had not been in employment of Respondent having resigned in May, 2017. He further submits that since the date of his rejoining the present Respondent in the month of July 2017 admittedly all statutory facilities were being provided to him by the Respondent.
32. It is pointed out by Ld. Counsel for Respondent that during his cross-examination dated 18.12.2025, Workman has contradicted himself by alleging that he had already withdrawn his entire PF amount somewhere in the year 2022, despite the fact that during his earlier cross-examination dated 31.01.2025, he had categorically denied the aforesaid fact. He submits that Workman has failed to produce any document to prove that his services were ever terminated by Managements/Respondent w.e.f. 02.06.2018, nor, has he been able to prove himself to be wholly unemployed since the date of alleged illegal termination of his services by Managements.
33. He submits that as per the own case of Workman, during his employment with Managements, as on the date of his alleged illegal termination, he was drawing a salary of Rs. 21,000/- per month approximately. According to him, it is highly improbable that a person, drawing such a handsome salary, would have remained unemployed for over a period of last seven years, more so, when he has failed to explain as to how he has been surviving LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 16 of 28since the date of his alleged illegal termination.
34. Despite categorical plea of Respondent that it had never received the alleged demand notice dated 14.06.2018 from Workman, Workman has failed to produce any document to prove that he had ever served the aforesaid demand notice upon Respondent. He submits that for the first time, a notice was received by Respondent in the year 2023 i.e. after expiry of more than 5 years from the date of his alleged termination, that too, from this Court. Had there been any truth in the plea of Workman qua illegal termination of his services by Managements, according to him, Workman would not have sat silently for over a period of five years from the date of alleged illegal termination of his services. Ld. Counsel for Respondent has thus prayed for dismissal of present claim of Workman with exemplary costs.
35. I have heard the submissions made on behalf of both parties and have carefully perused the material available on record. My issue-wise findings, on the issues settled by this Court vide order dated 24.11.2025, are as follows:
Issue no. (i): Whether the Workman has voluntarily resigned from the services of Management or has stopped reporting on his duties with Management since July 2018 without any intimation? OPM
36. Onus to prove the aforesaid issue was upon Respondent. As has already been observed herein above, two written statements to the claim of Workman have been filed in the present case, firstly, on 03.09.2024 and again on 13.11.2025. First written statement, under the signatures of one Sh. Pradeep Kumar Swami, was purportedly filed on behalf of the erstwhile LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 17 of 28Managements without any Authorization Letter/Board Resolution issued/passed in his favour by the Board of Directors of erstwhile Managements or for that matter of the present Respondent. However, a bare perusal of application dated 27.11.2024, filed by Respondent on 20.12.2024 under the signatures of present AR of Respondent, seeking his substitution as AR of Respondent on the basis of an Authorization Letter dated 25.10.2024 issued by Present Respondent, seeking his substitution as AR for Respondent, indicates that even the aforesaid written statement was filed on behalf of Respondent. The second written statement indisputably has been filed on behalf of present Respondent on 13.11.2025.
37. A bare perusal of both the written statements shows that there are material contradictions in the stand of Respondent in both the aforesaid written statements. In its first written statement, Respondent has alleged the Workman to be in employment of erstwhile Management no. 1 since 03.06.2008 until 30.06.2017 and in employment of present Respondent since 01.07.2017 until 01.07.2018. Though, in Objection D of the aforesaid written statement, it has been alleged that the Workman had resigned from the services of erstwhile Management no. 1 on 27.05.2017, however, the aforesaid plea of Respondent is contrary to its own plea in Objection C of the aforesaid written statement.
38. Be that as it may, it is the case of Respondent as per the aforesaid written statement that on 01.07.2018 Workman had voluntarily resigned from the services of Respondent due to his own personal reasons and hence, the case of the Workman does LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 18 of 28not fall within the definition of retrenchment under Section 2(oo) of Industrial Disputes Act, 1947 so as to attract the provisions of Section 25F thereof.
39. On the contrary, in its written statement filed on 13.11.2025, Respondent has tried to take a plea that erstwhile Management no. 1 is not even an organization and since the present Respondent has already purchased the business, comprising of assets, employees, liabilities and licenses, of erstwhile Management no. 2 on a slump sale basis, name of erstwhile Management no. 2 should be deleted from the array of parties. So far as the employment of Workman with the erstwhile Managements is concerned, it was submitted by the present Respondent in its written statement filed on 13.11.2025 that Workman had joined the services of erstwhile Management no. 2 as an Electrician on 03.06.2008 and pursuant to business transfer agreement dated 25.03.2017 executed between the erstwhile Management no. 2 and the Respondent, entire business undertaking of Management no. 2 was taken over by the present Respondent and the present Workman continued to work under the employment of present Respondent until he has verbally resigned from his services on 27.05.2017 leading to full and final settlement of his account by the present Respondent.
40. It has further been alleged in the aforesaid written statement that Workman had subsequently approached the present Respondent in July 2017 with a request for his reinstatement and on humanitarian grounds, he was permitted to join the employment of present Respondent w.e.f. 01.07.2017 as a new employee, however, after continuously working with the present LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 19 of 28Respondent for a period of one year, Workman stopped coming to the office of the present Respondent starting July 2018. From the aforesaid facts, it is apparent that though, as per the first written statement filed on behalf of Respondent, Workman had continuously worked with erstwhile Management no. 1 since 03.06.2008 and has thereafter joined the services of the present Respondent w.e.f. 01.07.2017, pursuant to a business transfer agreement dated 25.03.2017, however, as per the written statement of the present Respondent filed on 13.11.2025, Workman had continuously worked with erstwhile Management no. 2 since 03.06.2008 until 25.03.2017 and with the present Respondent w.e.f. 25.03.2017 until 27.05.2017 and again since 01.07.2017 until June 2018.
41. The plea of the present Respondent in both the aforesaid written statements, even qua separation of Workman from the Respondent, is also contradictory, in as much as, though, as per the first written statement, Workman had voluntarily resigned from the services of present Respondent on 01.07.2018 due to his personal reasons, however, as per the second written statement of Respondent, starting July 2018, Workman stopped reporting on his duty without intimation. In fact, a bare perusal of the second written statement, filed on behalf of Respondent, shows that though, as per the parawise reply of Respondent to the claim of Workman, Workman is alleged to have stopped reporting for his duty with Management without any intimation, however, in its preliminary submissions, Management had taken contradictory plea about the manner in which the Workman had severed his relationship with the Respondent, in as much as, at few places, it LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 20 of 28is mentioned that he had stopped coming to the office of Respondent, whereas, at other places, it is written that he has voluntarily resigned from the services of Respondent.
42. As has already been observed herein above, in order to discharge its onus to prove the alleged voluntary resignation/abandonment of his job on the part of Workman, Respondent has examined its Assistant Branch Manager (Marketing), New Delhi viz. Mohammand Atiqur Rehman as the sole witness in support of its case, who has tendered his evidence by way of affidavit Ex.MW1/A. A bare perusal of Para 6 of his affidavit Ex. MW-1/A shows that Workman, therein, has been shown to be in employment of erstwhile Management no. 1 w.e.f. 03.06.2008 to 30.06.2017, though, as per the second written statement filed on behalf of Respondent, he had joined the services of present Respondent on 25.03.2017 and had firstly resigned on 27.05.2017.
43. In subsequent Paras of the affidavit i.e. in Para 9 and 10, MW-1 has taken a contradictory plea to the effect that after having worked with Respondent for a period of approximately three months, Workman had voluntarily tendered his oral resignation on 27.05.2017 and had again approached the Respondent in July 2017, seeking his re-employment, where after, on humanitarian considerations, he was permitted to join afresh as a new employee of Respondent w.e.f. 01.07.2017. Similar contradictory deposition has been made by MW-1 in Para 11 and 12 of his affidavit Ex.MW1/1, in as much as, though, in Para 11, he has alleged that Workman had voluntarily resigned from his services with Respondent on 01.07.2018, however, in LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 21 of 28Para 12, he has deposed that from July 2018 Workman stopped attending his duties with Respondent without any intimation.
44. During his cross-examination dated 07.01.2026, it was categorically admitted by MW-1 that he had no personal knowledge about the facts of the present case and that deposition in his affidavit Ex. MW-1/A was based on records maintained by Respondent. The record produced by Respondent in support of its case, whether tendered in its evidence or not, however is fraught with similar contradictions as are there in the written statements of Respondent or for that matter in evidence by way of affidavit of MW-1. A bare perusal of the copy of biometric attendance record of Workman Mark-MW1/8 (colly) shows that the Workman had lastly attended his duties with the present Respondent on 02.06.2018, which fact contradicts the plea of Respondent in its written statements and in deposition of MW-1 by way of affidavit Ex. MW-1/A that Workman had either stopped reporting on his duty with Respondent without any intimation or had voluntarily resigned from the services of Respondent on 01.07.2018.
45. On the contrary, a bare perusal of the tally record of resignation of Workman, filed on behalf of Respondent on 20.12.2024, shows that Management had purportedly paid the salary of Workman for the entire month of June 2018 despite the fact that as per attendance record of Workman produced by Management, he had not attended his duties after 02.06.2018.
46. In response to a question as to whether Respondent had issued any notice or letter to Workman, requiring him to furnish LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 22 of 28an explanation or to resume his duties after he had allegedly left the services of Management, MW-1 has admitted that no such notice or letter was ever sent by Respondent to Workman. He has further deposed that no such notice or letter was sent to the Workman since he had verbally informed the Respondent that he was leaving the job. In the wake of his deposition that he was deposing on the basis of records of Respondent and not on the basis of his own personal knowledge, the aforesaid deposition/voluntary statement of MW-1 was nothing but a hearsay piece of evidence and hence not admissible, in as much as, Respondent has failed to examine the witness to whom the Workman had verbally informed about his leaving the job of Respondent or for that matter had verbally tendered his resignation.
47. Under the aforesaid circumstances, in my considered opinion, there is not even an iota of evidence led on behalf of Respondent to prove that Workman had either voluntarily resigned from the services of Respondent or he had stopped reporting on his duties, starting July 2018, without any intimation. Rather, the entire case of Respondent in this regard is fraught with material contradictions.
48. Issue no. (i) is thus decided against Respondent.
Issue no. (ii): Whether the services of Workman were terminated by Management illegally and/or unjustifiably with effect from 25.05.2018 as communicated by the Accountant of the Management on 02.06.2018? OPW
49. Onus to prove the aforesaid issue was upon Workman. As LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 23 of 28has already been observed herein above, Workman has filed his statement of claim in the present case on two occasions, firstly, on 07.02.2024 and again on 16.10.2025. The case of Workman as per both his statement of claim is almost identical, except the fact that in his amended statement of claim filed on 16.10.2025, he has denied any knowledge of the alleged business transfer agreement dated 25.03.2017 between erstwhile Management no. 2 and the present respondent.
50. It has already been observed herein above that Workman has examined himself as the sole witness in support of his case albeit on two occasions i.e. firstly on 20.12.2024 and again on 18.12.2025. On 20.12.2024, he was verbally examined in chief, after he had expressed his ignorance about the contents of his affidavit of evidence. During his examination in chief dated 20.12.2024, Workman has alleged himself to be in employment of Managements until 30.08.2018, while, further alleging that the Management had instructed him not to report on duty w.e.f. 31.08.2018. During his examination dated 20.12.2024, he has also taken a plea that Management had simultaneously removed 25 to 30 non teaching employees w.e.f. 31.08.2018. On 20.12.2024, Workman had admitted that he had never served any demand notice, seeking his reinstatement, upon Management, though, he had telephonically called the Management twice seeking his reinstatement.
51. During his aforesaid examination in chief, he has also deposed that his last drawn wages during his employment with Managements were Rs. 21,000/- per month after deduction of his ESI and EPF contributions. The aforesaid deposition of LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 24 of 28Workman, however, is contrary to his own case as per both his statements of claim and also his subsequent evidence by way of Affidavit Ex. WW-1/A, wherein, his last drawn wages, during his employment with Managements/Respondent, are mentioned as Rs. 14,483/-. In order to justify the aforesaid contradiction, he had tried to take an altogether new plea by alleging that though his salary in the pay slip was being reflected @ Rs.14,000/- approximately and the same was being credited in his bank account, however, the balance salary of Rs. 5,000/- was being paid to him in cash.
52. It is further significant to note in this regard that though as per the averments made in his statements of claim and subsequent evidence by way of affidavit Ex. WW-1/A, his services were illegally terminated by Managements on 02.06.2018, however, during his examination in chief dated 20.12.2024, he has alleged himself to be in employment of Management until 30.08.2018. Further, though, as per his statements of claim as well as subsequent evidence by way of affidavit Ex. WW-1/A, a demand notice dated 14.06.2018, seeking his reinstatement into the job and payment of his accrued wages, was served by him upon erstwhile Managements through speed post, however, during his examination in chief dated 20.12.2024, he has admitted having never sent any demand notice to the Managements.
53. Though, in his subsequent evidence by way of affidavit Ex. WW1/A, tendered on 18.12.2025, he has once again deposed having sent the demand notice dated 14.06.2018 to the erstwhile Managements through speed post, however, he has failed to tender any postal/speed post receipt regarding dispatch of alleged LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 25 of 28demand notice dated 14.06.2018 to the erstwhile Managements or Respondent. A bare perusal of the record reveals that as a proof of dispatch of demand notice dated 14.06.2018, that too, only to erstwhile Management no. 1, he has tendered a photocopy of the courier receipt Ex. WW1/7.
54. A bare perusal of the aforesaid courier receipt Ex. WW1/7 shows that the name of none of the Managements or for that matter the present Respondent is mentioned therein as consignee. Rather, the aforesaid receipt mentions the name of one Ashok Raj Sharma, Delhi-52 as the consignee. The aforesaid document thus corroborates the plea of Respondent that no demand notice seeking his reinstatement into the services of Respondent was ever received by Respondent from Workman. In fact, as has already been observed herein above, as per deposition of Workman dated 20.12.2024, his services were not even terminated by the erstwhile Managements or for that matter by the Respondent on 02.06.2018 as alleged in the statement of claim.
55. Workman has failed to produce any document, such as- statement of his bank account or pay slips, to prove the period for which he had actually received the salary from erstwhile Managements or Respondent, despite categorical stand of the Respondent to the effect that he had received his full salary from the Respondent for the Month of May 2018. Further, though, Workman has denied the knowledge of alleged Business Transfer Agreement dated 25.03.2017 between erstwhile Management no. 2 and respondent and that he had ever worked under the employment of present respondent, however, he has failed to LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 26 of 28produce his pay slips or the ID cards issued in his name post March 2017. He has also failed to produce statement of his bank account so as to reflect that even after March/ July 2017, he continued to receive his salary from the erstwhile Managements. He has also failed to produce any document on record to prove that different employment codes in the month of May 2017 and July 2017 were given to him by the erstwhile Managements and not by the present Respondent.
56. No doubt, during his subsequent examination dated 18.12.2025, he has tendered his evidence by way of affidavit Ex. WW1/A, which is substantially in consonance with the averments made by him in his statements of claim, however, in the absence of any independent corroboration, this Court finds itself unable to accept the aforesaid testimony, in view of the material contradictions in his stand during his first examination in chief dated 20.12.2024 vis-a-vis his deposition by way of affidavit Ex. WW-1/A.
57. In view of aforesaid discussion, in my considered opinion, testimony of Workman is not worthy of credit, so as, to persuade this Court to record a finding in his favour qua illegal termination of his services either by the erstwhile Managements or by the Respondent either w.e.f. 25.05.2018 or w.e.f. 02.06.2018.
58. Issue no. (ii) is thus decided against the Workman.
Issue no. (iii): Relief, if any.
59. In view of my finding on issue no. (ii) herein above, since, Workman has failed to prove illegal termination of his services by the Managements either w.e.f. 25.05.2018 or w.e.f.
LIR No. 1486/2023Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.
Award dated 19.01.2026 Page 27 of 2802.06.2018, in my considered opinion, he is not entitled to any relief.
60. Present claim of Workman, filed pursuant to reference dated 23.10.2023 is thus dismissed and the reference dated 23.10.2023 is answered in following terms:
"Neither M/s. Narayana IIT Academy and M/s. Narayna Learning Pvt. Ltd., nor, the Respondent M/s. NSPIRA Management Services Pvt. Ltd. has been able to prove thatWorkman Sh. Kamal Dev Pandit S/o Sh. Prabhu Nath Pandit had voluntarily resigned from their services on his own in the beginning of July 2018, however, Workman is not entitled to any relief in the matter, since, even he has failed to prove illegal and/or unjustifiable termination of his services either by the Managements or by the Respondent either w.e.f. 25.05.2018 or 02.06.2018."
61. Ordered accordingly.
62. Requisite number of copies of this award be sent to the competent authority for publication as per rules.
Announced in the open Court on this 19th day of January, 2026. This award consists of 28 number of signed pages. ARUN Digitally by ARUN signed KUMAR GARG KUMAR Date:
2026.01.19 GARG 14:29:49 +0530 (ARUN KUMAR GARG) Presiding Officer Labour Court-III Rouse Avenue Court, New Delhi LIR No. 1486/2023 Kamal Dev Pandit Vs. M/s. NSPIRA Management Services Pvt. Ltd.Award dated 19.01.2026 Page 28 of 28