Delhi High Court - Orders
Municipal Corporation Of Delhi vs Sh. Samarjeet Singh on 17 December, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~216
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 19147/2025 & CM APPL. 79719/2025(Stay)
MUNICIPAL CORPORATION OF DELHI .....Petitioner
Through: Dr. Divya Swamy, Standing Counsel
for MCD with Mr. Yagyawalkya
Singh, Ms. Nidhi Kumar & Ms.
Ananya Y, Advs.
versus
SH. SAMARJEET SINGH .....Respondent
Through: Mr. Rajiv Agarwal, Mr. Ishaan Goel,
Mr. Siddharth Sapra, Ms. Megha De &
Ms. L. Gangmei, Advs.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 17.12.2025
1. This hearing has been done through hybrid mode. CM APPL.79720/2025(Exemption), CM APPL 79721/2025(Exemption complete LCR)
2. Allowed, subject to all just exceptions. The applications are disposed of accordingly.
3. The Registry is directed to requisition the Trial Court Record with proper index, pagination and bookmarks for perusal of this Court by the next date of hearing.
W.P.(C) 19147/2025 & CM APPL. 79719/2025(Stay)
4. The present petition under Articles 226 and 227 of the Constitution of India, 1950, seeks the following prayers: -
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 17/12/2025 at 21:02:04 "a. quash and set aside the Impugned Award dated 30.04.2025 passed by the Learned Presiding Officer, Industrial Tribunal-I, Rouse Avenue District Court Complex, New Delhi in POIT No. 384/2016 titled 'Sh. Samarjeet Singh vs. North Delhi Municipal Corporation"
in the interest of Justice.
b. Directions to Call for the records of the POIT No. 384/2016 titled as Sh. Samarjeet Singh vs. North Delhi Municipal Corporation of Delhi.
c. Pass And/or pass any other order/judgment that this Hon'ble Court may deem fit."
5. The present petition challenges the award dated 30.04.2025 whereby the learned Tribunal has granted the following reliefs to the respondent:-
"40. Relief: In view of the findings of this Tribunal as discussed above, this Tribunal holds that the workman Sh. Samarjeet Singh S/o Sh. Prem Singh is entitled for regularization of his services on the post of Draftsman (Civil) w.e.f. his initial date of joining i.e. 10.11.1986 in regular payscale with all consequential benefits either monetary or otherwise. The management is directed to implement this award within a period of 60 days of its publication failing which it will be liable to pay an interest at the rate of 8% p.a. from the date of terms of reference i.e. 21.09.2015 till its realization. The award is passed accordingly."
6. Learned counsel appearing on behalf of the petitioner/MCD submits that the learned Tribunal has erred while giving the benefit of retrospective regularisation to the respondent from the date of his joining, i.e., 10.11.1986, despite the fact that it has come on record, though the same is disputed by the petitioner, that respondent vide order dated 19.07.1993 was treated as an ad hoc employee on the post of Draftsman, Grade-III, Civil, in pursuance of an Office order issued by the petitioner/MCD. It is the case of the learned counsel for the petitioner that the regularization from the date of his joining, without any document on record, is thus, perverse in nature.
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 17/12/2025 at 21:02:04
7. Issue notice.
8. Learned counsel for the respondent accepts notice and seeks time to file response to the present petition.
9. Let a counter affidavit be filed before the next date of hearing.
10. In the meantime, the parties are at liberty to file a brief written synopsis of their submissions, running into not more than 3 pages, alongwith their judgments on which they seek to place reliance, after providing an advance copy to learned counsel appearing on behalf of the other side.
11. Renotify on 29.01.2026.
12. In the meantime, the Execution Court shall not proceed with respect to recovery proceedings qua the period commencing from 10.11.1986 till 19.07.1993.
13. Copy of the order be sent to the learned Presiding Officer, Industrial Tribunal, Rouse Avenue District Courts, New Delhi,/Execution Court for necessary information and compliance.
14. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J DECEMBER 17, 2025/nk/ns 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 17/12/2025 at 21:02:04