GNCT OF DELHI AND ORS Vs. JITENDRA KUMAR

JUDGEMENT

(1.) The petitioner Directorate of Health Services (DHS), i.e., the management has assailed the award dated 19.05.2010 passed by the Labour Court, Kakardooma Courts Delhi in I.D. No.1217/06, whereby the reference made by the Appropriate Government on 25.10.2006 to the following effect has been answered:

(2.) The reference has been answered in favour of the workmen, and the petitioner management has been directed to take back the workmen on the same post without altering their status, as it prevailed prior to their termination, on 20.10.2005. At the same time, the prayer for regularisation and regular pay scale made by the workmen has been declined on the ground that the said prayer had already been denied by the Central Administrative Tribunal (CAT) and upheld by this Court. The petitioner management has been further directed to pay Rs.50,000/- to each of the workmen towards back wages.

(3.) The background facts may first be stated. The workmen were appointed as Daily Wage Nursing Orderlies when they applied in response to an advertisement issued by the Maharishi Balmiki Hospital (MBH). The advertisement-though not placed on record, has been shown to the Court. The said advertisement, in effect, stated that the walk-in interviews would be conducted for appointing Nursing Orderlies on contingent basis till regular appointments are made, or for 89 days, whichever is earlier. The workmen, it appears, applied against the said advertisement and were selected in the interview process.