EXECUTIVE ENGINEER Vs. KHUMB RAJ

JUDGEMENT

(1.) THE petitioner, Municipal Corporation of Delhi has impugned the award dated 15th July, 2004 holding that the action of the management in terminating the services of the respondent is not just, proper and legal and reinstating the respondent with 50% back wages in the scale of Rs. 750-940/ -.

(2.) THE respondent was engaged as a beldar on muster roll with effect from 7th June, 1985. He continued working on daily wages uptil 18th August, 1992. The petitioner leveled the charges of misbehavior against the respondent and issued a show cause notice on 17th August, 1992. The reply was filed by the respondent on 18th August, 1992 at 2 PM, however, the petitioner terminated his services with effect from 18th August, 1992 by order dated 18th August, 1992 without considering the explanation rendered by the respondent and without conducting any enquiry against the alleged mis-behavior of the respondent.

(3.) THE workman challenged his termination order and the appropriate government referred the following dispute to the Industrial Tribunal Cum Labor court:-