Sabitri Dey @ Swasthi Dey v. Union of India

Civil Appeal · 2026 INSC 694Decided 13 Jul 2026
Civil Appeal No. 2820 of 2024, with 27 connected appeals
Justice Vikram Nath · Justice Sandeep Mehta

Background

This was a batch of 28 connected appeals from persons in Assam (and neighbouring states) who had been declared "foreigners" by Foreigners Tribunals or the erstwhile Illegal Migrants (Determination) Tribunals, in proceedings that were either entirely ex parte or became effectively so after the person stopped participating partway through. The Gauhati High Court had, in each case, upheld the Tribunal's opinion. The common grievance was that these life-altering declarations were made without a meaningful hearing or examination of the material.

Decision Breakdown

The Supreme Court held that even where a proceeding before a Foreigners Tribunal is ex parte, the Tribunal cannot mechanically declare a person a foreigner merely because they did not appear; it must still independently verify that notice and the "main grounds" of the allegation were properly served, examine the evidence produced by the State, and give a reasoned opinion, as required by the Foreigners (Tribunals) Order, 1964. It emphasised that Articles 14 and 21 of the Constitution protect "any person" and "no person" respectively, not just citizens, so fair process is owed even to someone whose citizenship is in question, given how severe the consequences (detention, deportation, even statelessness) can be. Since none of the 28 Tribunal opinions or High Court judgments reflected this kind of genuine adjudication, all were set aside and the matters remitted to the Tribunals for a fresh, one-time opportunity, with the appellants required to appear within four weeks and cooperate, and no coercive action to be taken against them meanwhile.

Lesson Learnt

A person cannot be declared a foreigner, with all the serious consequences that follow, through a rubber-stamp process, even in an ex parte case, the tribunal deciding the question must genuinely examine the evidence and give reasons, because basic fairness under the Constitution applies to everyone within India, not only to citizens.

Labour & Industrial LawDelhi High Court

DTC vs. Shri Braham Prakash

The Court held that a writ court exercising supervisory jurisdiction cannot re-appreciate evidence like an appellate court, and can interfere only if the Tribunal's view was not a plausible one. It found the Tribunal's reasoning sound: the surrendered "unpunched tickets" bore signatures that didn't match the conductor's admitted signature, casting doubt on the management's case, and the sole checking-staff witness was uncorroborated. However, since more than three decades had passed, the workman had already reached superannuation, and he had been paid wages under Section 17-B of the Industrial Disputes Act throughout, the Court held reinstatement itself was no longer appropriate. It modified the award to a lumpsum compensation of Rs. 4,00,000 in lieu of reinstatement.

Decided 17 Sept 2026Read case
Labour & Industrial LawDelhi High Court

Indian Oil Corporation Ltd vs. Raj Kumar

The Court held that Section 11A of the Industrial Disputes Act expressly empowers a Labour Court to modify a disproportionate punishment even where the misconduct itself is proved. Since the Tribunal had not disturbed the finding of guilt and had only exercised its discretion on quantum, considering the workman's long service and disability, the Court found this to be a plausible and reasoned view. A writ court exercising supervisory jurisdiction does not substitute its own view merely because another view on punishment is also possible.

Decided 17 Sept 2026Read case
Labour & Industrial LawDelhi High Court

Varun Juneja vs. Soniya

The High Court revised the compensation upward, since the employer had itself admitted paying the deceased Rs. 18,000 per month (not the lower Rs. 15,000 minimum-wage figure the Commissioner had used), raising the total compensation to Rs. 15,57,680. On the separate question of penalty, the employer argued the maximum 50% penalty was too harsh, but the Court upheld it, noting the employer only deposited money after the family was forced to start recovery proceedings, more than three and a half years after the death, with no voluntary payment at any point.

Decided 17 Sept 2026Read case
Labour & Industrial LawDelhi High Court

Sri Bhagwan vs. Delhi Transport Corporation

The Court found the Tribunal had rightly relied on the workman's own clear admission in his enquiry reply, and that he never produced any medical evidence to back his claim of having been unwell. It rejected the argument that a small monetary amount automatically makes dismissal disproportionate, citing Supreme Court rulings that in cases of dishonesty or fraud (as opposed to mere carelessness), even a petty misappropriated sum can justify dismissal, because it is the breach of trust, not the rupee amount, that matters. Given the workman's admission and prior disciplinary history, the removal was upheld and the petition dismissed.

Decided 16 Sept 2026Read case
Labour & Industrial LawDelhi High Court

Delhi Transport Corporation vs. Balwan Singh

The Court held that non-examination of the ticketless passengers does not by itself invalidate the enquiry: credible hearsay evidence from checking staff, corroborated by signed passenger statements, was enough to prove the misconduct on a preponderance of probabilities. It agreed the Labour Court should not have shown leniency on punishment purely on sympathetic grounds once guilt was affirmed, citing Supreme Court rulings that even small-value ticket fraud can justify removal since it is a breach of trust, not merely a monetary loss. However, since the Labour Court's actual interference was limited to preserving pension/retiral benefits (not full reinstatement), the Court chose not to strip that narrow relief away after more than a decade, but capped the total payout at ₹5,00,000, to be released from the sum already deposited with the Court.

Decided 16 Sept 2026Read case
Labour & Industrial LawDelhi High Court

Sunil Kumar vs. M/S Delhi Metro Rail Corporation Ltd.

The High Court held that its power to review the tribunal's factual findings is very limited, and it would not re-weigh evidence just because another view was possible. It upheld the tribunal's findings that all three charges of misconduct were proved through credible witness testimony, rejecting the driver's technical objections (such as an attendance register not showing his name, which if anything supported the charge of unauthorized absence). However, the Court excluded from consideration one aspect of the evidence: testimony about a 2010 incident that occurred after his removal, which the tribunal itself had earlier ruled irrelevant but then still referenced. Despite upholding the misconduct findings, the Court found the punishment of outright removal "shockingly disproportionate" given the relatively minor nature of the proven acts and his 8-9 years of otherwise satisfactory service.

Decided 16 Sept 2026Read case