NEW DELHI MUNICIPAL COUNCIL Vs. HARI RAM TIWARI

JUDGEMENT

(1.) The judgment is pronounced through video-conferencing.

(2.) The present petition has been filed under Article 226 of the Constitution of India challenging two orders passed by the Labour Court dated 27th April, 2019 and 12th September, 2019, updated on 9th October, 2019. Mr. Nirvikar Verma, ld. counsel appears for the New Delhi Municipal Council (hereinafter, "NDMC"?) and the Respondent appears in person along with Ms. Sandhya, his daughter and Mr. Mohan, his neighbour. Brief Facts

(3.) The brief background to this petition is that the Respondent - Mr. Hari Ram Tiwari (hereinafter, "workman"?) was working as a Pharmacist in the NDMC. A daily diary entry (hereinafter, "DD entry"?) was made on 3rd April, 2007 by Mr. Satish Singh, Sub-Inspector, PS, Moti Nagar, who was part of the police patrol party, that the workman was seen participating in an election campaign for his wife - Mrs. Raj Laxmi, a candidate of ward no.97, Kirti Nagar from Political Party "All India Forward Block"?. The workman was accompanied by one Mr. P.N. Dwivedi who claims to be an advocate. Pursuant to the DD entry, photographs were allegedly taken of Mr. Tiwari making a speech at his wife's campaign. An intimation letter was sent by SI Satish Singh on 6th April, 2007 to the Secretary, NDMC requesting disciplinary action against the workman. The said intimation letter informed the NDMC that Mr. Tiwari was addressing a public meeting by wearing a party logo on his clothes and was actively participating in the electioneering process. According to the police report, since Mr. Tiwari was a government servant, the incident was reported.