NEW DELHI MUNICIPAL COUNCIL Vs. NANAK CHAND

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated December 13, 2001 passed by the Labour Court in I.D No.203/1994, whereby the Labour Court has directed the reinstatement of the respondent No.1 with full back wages and continuity in service.

(2.) The reference to the Labour Court by the appropriate government vide order dated July 08, 1994 was on the following terms:

(3.) The case of the respondent No.1 before the Labour Court was that he joined the services of the petitioner in the Horticulture Department as Mali with effect from February 13, 1987. He was treated as daily rated casual/muster roll worker and was paid Rs.450/- p.m as consolidated pay. It was the case of the respondent No.1 that he was terminated illegally on April 16, 1988 without assigning any reasons. It was his case that the job against which he was working was regular in nature. He had also alleged that juniors to him are still in the service which is in violation of Section 25G, 25H of the Industrial Disputes Act, 1947 (Act in short) and Rule 76, 77 & 78 of the Industrial Disputes (Central) Rules, 1957. It was his case that he had completed 248 days of continuous service and no notice was given before terminating his service and had prayed for reinstatement with back wages.