M T N L Vs. RAM RATTAN

JUDGEMENT

(1.) The present application has been filed by the respondent-workman under Section 17B of the Industrial Disputes Act, 1947 ('Act' for short) seeking directions to the petitioner to pay to him wages which should not be less than the minimum wages with effect from the date of passing of the award by the Central Government Industrial Tribunal-cum-Labour Court in ID No. 56/95 till the disposal of this writ petition filed by the petitioner -management for setting aside the award whereby the reinstatement of the respondent-workman in service has been directed. This application is supported by an affidavit of the respondent-workman to the effect that he is not employed in any establishment and to support his family and to meet even day to day household expenses he is dependent on his friends and relatives.

(2.) The respondent-workman joined the petitioner as a Driver with effect from 28.09.1982. He was treated as a daily rated casual/muster roll worker and was paid wages as fixed and revised from time to time under the Minimum Wages Act by the Delhi Administration. An Inquiry was instituted against the respondent on some allegations of misconduct and he was held guilty. The Disciplinary Authority passed the order of his dismissal from service. The respondent-workman raised an industrial dispute about his dismissal from service which was referred for adjudication to CGIT. Vide impugned award dated 26.09.2005 the action of the petitioner-management was held to be unjustified and illegal and consequently reinstatement of the respondent-workman was ordered.

(3.) The petitioner challenged the award by filing the present petition. Stay of the operation of the award dated 26.09.2005 was granted by this Court.