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Devinder Kumar & Ors. vs. Municipal Corporation of Delhi

Writ Petition (Civil) · 2026:DHC:8044Decided 18 Sept 2026New Delhi Bench
W.P.(C) 5666/2013CNR: DLHC011306752013
Justice Amit Mahajan

Background

The petitioners were daily-wage "Beldars" (labourers) with the Municipal Corporation of Delhi, deployed to check illegal building material entering the Sainik Farm area. When some demolished properties there got illegally reconstructed, the workers were issued show-cause notices, denied any involvement in their replies, but were terminated in 2007 without any formal inquiry, charge-sheet, or chance to defend themselves or lead evidence. An Industrial Tribunal had upheld the termination in 2013, reasoning that daily wagers facing a "disciplinary" termination were not entitled to a formal inquiry.

Decision Breakdown

The High Court disagreed, holding that whenever a termination is effectively a penalty for alleged misconduct (as opposed to routine retrenchment), the employer must hold a proper departmental inquiry first. This rule applies even to daily-wage or temporary employees, and even if the order looks routine on its face, courts must look at the real reason behind it. Here, the Corporation led no evidence at all before the Tribunal beyond the show-cause notice and the workers' denials, and there was no proof directly linking the workers (who were merely guards) to the illegal reconstruction. The Court also observed it could not ignore the likelihood that municipal officials scapegoated the workers to escape their own accountability for the illegal construction. Given that the case was nearly two decades old, instead of ordering reinstatement or a fresh inquiry, the Court awarded each petitioner a lump-sum compensation of Rs. 3,00,000/-, payable within 8 weeks.

Lesson Learnt

An employer, including a government body, cannot dismiss even a daily-wage or temporary worker as punishment for alleged wrongdoing without first giving them a fair, formal inquiry with a real chance to defend themselves; skipping that step can make the termination illegal regardless of how the employer labels it.

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