DALIP KUMAR Vs. LADY HARDING MEDICAL COLLEGE
LAWS(DLH)-2007-12-74
HIGH COURT OF DELHI
Decided on December 17,2007

DALIP KUMAR Appellant
VERSUS
LADY HARDING MEDICAL COLLEGE AND SMT. S.K. HOSPITAL THROUGH ITS CHIEF ADMINISTRATIVE OFFICER Respondents

JUDGEMENT

- (1.) CM No. 17315/2007 Allowed subject to just exceptions. Application stands disposed of.
(2.) THE short question which falls for consideration is whether the services of Shri Dalip Kumar, petitioner/workman was legally terminated by its employer, Management, Lady Harding Medical College and smt. S. K. Hospital? The Labour Court vide its award dated 1st February, 2007 did not find sufficient ground to interfere with the orders of petitioner's removal. The Labour Court further found that the petitioner was not entitled to any other relief.
(3.) A brief statement of facts of the petitioner's case is this. The petitioner was appointed as chowkidar with the respondent/employer on 7th March, 1997. Para 7 of his appointment letter Ex. MWl/b clearly, specifically and unequivocally lays down following condition:- "if any declaration given or information furnished by the candidate proves to be false or if the candidate is found to have willfully suppressed any material information he/she will be liable to removal from service and such other action the appointing authority may deem necessary. " Again, Para 3 of the Attestation Form Ex. MWl/d prescribes:- "if the fact that also (SIC) information has been furnished or that there has been suppression of any factual information in the attestation form comes to notice at any time during the service of a person, his services would be liable to be terminated. ";


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