MUNICIPAL CORPORATION OF DELHI Vs. KHACHERU

JUDGEMENT

(1.) In this writ petition, the petitioner, Municipal Corporation of Delhi, (hereinafter referred to as the Management) has sought for a writ of certiorari seeking quashing of the impugned Award dated 15th may, 1990 passed by Shri G.P. Mittal, Presiding Officer, Labour Court No. VII. Tis hazari, Delhi holding that the respondent No. 1 (herinafter called the Workman) had not himself abandoned the employment but his services were terminated by the Management which was illegal as well as unjustified and consequently the Workman was held to be entitled to be reinstated with full back wages and continuity in service.

(2.) The facts leading to the filing of this writ petition are that vide notification No. F.24(1405)/76-Lab. dated 17.1.1977, the Secretary (Labour), Delhi Administration made areference to the Labour Court to settle the dispute between the Management and the Workman about the termination of services of the Workman. Reference was couched in the following language:-

(3.) In his statement of claim, the Workman has alleged that he was in employment of the Management since 1.1.1970 as a daily rated monthly paid muster roll employee and his services have been illegally terminated in 1974. However, in defence, the Management has stated that the petitioner has himself abandoned the job without any information or prior permission. He worked as a muster roll employee in the year 1972 for a period of 10 days only. In the year 1974 he absented himself and did not return for duty. On the basis of the pleadings of the parties, various issues were framed by the Labour Court and one of the issues, namely. Issue No. 4 was in the following terms: