MUNICIPAL CORPORATION OF DELHI Vs. BAL KISHAN SHARMA
LAWS(DLH)-1995-5-39
HIGH COURT OF DELHI
Decided on May 19,1995

MUNICIPAL CORPORATION OF DELHI Appellant
VERSUS
BAL KISHAN SHARMA Respondents


Referred Judgements :-

ANOOP JAISWAL VS. GOVERNMENT OF INDIA [REFERRED TO]
RAJINDER KAUR VS. STATE OF PUNJAB [REFERRED TO]
BABU LAL VS. STATE OF HARYANA [REFERRED TO]


JUDGEMENT

S.D.Pandit - (1.)Rule D.B.
(2.)We have heard learned counsel for the parties at length and, hence, we proceed to decide the writ petition finally.
(3.)Respondent Bal Kishan Sharma was appointed by the petitioner, viz. the Management of Municipal Corporation of Delhi, on temporary basis on 11.5.1972 on compassionate grounds. However, his services were not confirmed and his services were terminated on 13.3.1979 under Rule 5 of Central Civil Services Rules, 1965. According to the respondent his services were terminated on 13.3.1979 by falsely alleging against him that he had produced a false certificate in order to secure the job. According to him he had not at all produced the alleged certificate of Poorva Madhyann Examination Certificate from Varanasi Sanskrit Vidhyalaya but in spite of this a complaint was lodged against him but before the completion of investigation as well as without holding any departmental enquiry his services were terminated for the alleged act of fraud and cheating. Therefore, he had challenged the said termination and consequently, a reference was made under the Industrial Disputes Act to the Labour Court. Accordingly, the proceedings in the case bearing No.LCID No.519/86 were held by the Labour Court and ultimately, after necessary trial and inquiry, the Labour Court had found that respondent's termination of services was illegal and improper and an award was made in favour of the respondent by directing the petitioner to reinstate him in service with full back wages and continuity in service. Against the said award the present writ petition is filed.
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