HC Upholds Rejection of Daily-Rated Workers’ Claim

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  • Last Updated on 22 June, 2026

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Continuous Service Under Section 25B

Case Details: Kishan Sharma vs. Mangt. of Municipal Corporation of Delhi - [2026] 186 taxmann.com 1046 (HC - Delhi)

Judiciary and Counsel Details

  • Shail Jain, J.
  • R.K. Ojha, Adv. for the Petitioner. 
  • Sanjeev Sabharwal, SC & Ms Shweta Singh, Adv. for the Respondent.

Facts of the Case

In the instant case, the Petitioners/workmen claimed that they were engaged by the respondent/management in its Horticulture Department as Mali/Beldar on a casual, daily-rated/muster-roll basis without appointment letters, performed regular/perennial duties, and were paid daily wages revised from time to time.

Their services were terminated without assigning reasons. They raised an industrial dispute. During adjudication, it was indicated on behalf of management that muster roll records for the relevant period had been seen, yet management took the stand that such records were destroyed after fifteen years.

No rule or policy of destruction was produced. Despite summons, muster roll/employment records for the relevant period were not produced before the Labour Court. The Labour Court treated the employer–employee relationship as the primary issue, held that the petitioners failed to establish such a relationship, and consequently rejected their claim.

High Court Held

The High Court held that since the petitioners failed to establish completion of continuous service within the meaning of Section 25B, they were not entitled to protection under Section 25F of the Act. Further, in the absence of such proof, termination could not be held illegal for non-compliance with Section 25F of the Act.

List of Cases Referred to

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Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied