LAWS(DLH)-2025-1-125

APOLLO HOSPITALS ENTERPRISES PVT. LTD Vs. SURESH MALIK

Decided On January 21, 2025
Apollo Hospitals Enterprises Pvt. Ltd Appellant
V/S
Suresh Malik Respondents

JUDGEMENT

(1.) The instant Writ Petitions under Articles 226 and 227 of the Constitution of India (hereinafter as the "Constitution") has been filed on behalf of the Petitioner/Management namely M/s. Apollo Hospitals Enterprises Private Limited against the Respondent/Workmen i.e., Mr. Suresh Malik and Mr. Vineet Chawla, thereby, seeking setting aside of both the Awards, dtd. 15/5/2018 (hereinafter as the "impugned Award") passed by the learned Presiding Officer, Labour Court - V, Dwarka Courts, Delhi (hereinafter as the "Labour Court") in Industrial Dispute bearing ID No.1227/16 titled as Suresh Malik v. Apollo Hospital Enterprises Ltd. and Vineet Chawla v. Apollo Hospital Enterprises Ltd. The learned Labour Court has passed two separate awards in the I.D. No.1227/2016 in favour of the respective Workmen wherein, the Workmen were granted the relief of reinstatement with full Back Wages and continuity of services.

(2.) Since both the Writ Petitions arise out of the same impugned Award, this Court finds it appropriate to decide the instant Writ Petitions i.e., W.P. (C) No.11492/2018 and W.P.(C) No.11585/2018 vide a Common Judgment. Therefore, for the sake of convenience, since the facts, pleadings and submissions of the instant Writ Petitions are similar, this Court shall adjudicate the instant matter accordingly.

(3.) The Workmen namely Mr. Suresh Malik (in W.P.(C) No.11492/2018) and Mr. Vineet Chawla (in W.P.(C) No.11585/2018) joined the Management w.e.f. 17/5/2000 and 2/1/2001, respectively, on the post of "Architect Assistant" and the Appointment Letter was issued by the Management to Mr. Suresh Malik and Mr. Vineet Chawla on 4/8/2000 and 2/3/2001, respectively.