NEW DELHI MUNICIPAL COUNCIL Vs. PARVEEN CHAND SHARMA

JUDGEMENT

(1.) The respondent herein was appointed as a Daily Wager by the appellant NDMC on 12.05.1987. He worked upto 05.03.1988 and whereafter he was not taken on duty. The respondent raised an industrial dispute which was referred to the Industrial Tribunal No. I, Tis Hazari Courts for adjudication with the following terms of reference:

(2.) The Industrial Tribunal passed the award dated 02.08.1996 in favour of the respondent holding that the respondent had worked for more than 240 days and since provisions of Section 25F of the I.D. Act were not complied with, such a termination was illegal. The respondent was directed to be reinstated in service with full back wages.

(3.) The appellant challenged this award by filing W.P.(C) No. 1171/1997 in this Court. The said writ petition was admitted and stay of the impugned award was granted. This writ petition was dismissed in default on 03.02.2005. On application made by the appellant, the writ petition was restored vide order dated 12.09.2007. The respondent workman moved an application under Section 17B of the Industrial Dispute Act, 1947 and at that stage, the learned Single Judge heard the writ petition finally and dismissed the same vide order dated 20.07.2011.