MAHIPAL SHARMA Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) Since the challenge in these writ petitions is to the award dated September 13, 2004 passed in I.D 277/98 by both the parties to the industrial dispute, the same are being disposed of by this common order. The parties shall be referred to in this judgment as per their status in W.P.(C) 3202/2007. In other words, Mr.Mahipal Sharma shall be referred as 'petitioner' and the New Delhi Municipal Council as the 'respondent'.

(2.) The industrial dispute was referred for the adjudication of the Labour Court on the following terms of reference:

(3.) The facts as culled out from the record are, it was the case of the petitioner that he was appointed as Driver on May 01, 1990 by the respondent on a fixed salary of Rs.2,500/- per month for driving heavy motor vehicles. Initially wages were paid to the workman through contractor and this continued till November 30, 1994. Thereafter, he was posted at Auto Workshop, Laxmibai Nagar, where he worked regularly since his appointment. He continued to work there till April 30, 1997 when his services were terminated orally. It was his case that the respondent have regularized the services of large number of drivers and made appointment directly after the termination of the services of the petitioner as Heavy Motor Vehicle Driver. No reasons were forthcoming for terminating the services of the petitioner. Demand Notice dated November 10, 1997 was sent to the petitioner and thereafter conciliation proceedings were initiated by the petitioner which culminated in failure and pursuant thereto the reference was made.