MUKESH KUMAR BHARDWAJ Vs. MCD

JUDGEMENT

(1.) THE writ petition impugns the award dated 22nd September, 2011 on the following reference:

(2.) THE Petitioner in his claim petition before the Industrial Adjudicator in pursuance to the reference aforesaid pleaded that, he joined the employment of the Respondent MCD with effect from 14th October, 1997 as a Chowkidar; that he was initially assigned the job in the Municipal Primary School, Sangam Park -I, Civil Lines, Delhi and thereafter in Municipal Primary School, Kamla Nagar, Civil Lines, Delhi from 1st January, 1998 and he continued to work there till 15th July, 1999; that he was treated as a daily rated/casual/muster roll worker and was being paid minimum wages; that his services were terminated with effect from 17th July, 1999 on the allegation that he had forged and fabricated the signatures of the Appointing Authority. It was the case of the Petitioner that the work being taken from him was of a regular and permanent nature and the Respondent MCD was indulging in unfair labour practice in depriving the Petitioner of the status, salary and privileges of a regular employee; that he was terminated without any charge sheet or inquiry; that he had completed more than 240 days of continuous employment prior to illegal termination and could not be thrown out of employment in the manner done.

(3.) THE parties led their evidence before the Industrial Adjudicator. The Industrial Adjudicator on the basis of record before him held: