GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI Vs. OM PRAKASH

JUDGEMENT

(1.) This writ petition by the Government of NCT Delhi has been filed against the impugned award dated 16th May, 1995. The award grants reinstatement to 2 workmen i.e. respondents 1 & 2. The challenge to the award is founded mainly on the averment that the witnesses of the petitioner had stated that the workmen had abandoned the work and thus the claim for reinstatement warranted dismissal.

(2.) The evidence of T.C. Sharina, Junior Engineer relied upon by the learned Counsel for the petitioner makes an interesting reading and reads as follows :

(3.) The learned Counsel for the petitioner, further stated that in any event assuming without admitting the award was sustainable, it was not proper to grant full back wages at the rates awarded in view of the fact if the petitioner had not made a claim that they were unemployed in their statement. For this purpose learned Counsel for the petitioner relied upon the statement of the petitioner wherein he had not made any statement regarding his not being employed. Learned Counsel for the petitioner is right in this plea. However, in an application under Section 17B of the Industrial Disputes Act filed on 7th December, 1997, in this Court alongwith an affidavit it has been stated that the applicants were unemployed since 1st January, 1985, and after the award dated 16th September, 1995, and that they did not have any means for even their bare subsistence.