A.I.I.M.S. Vs. GHANSHYAM

JUDGEMENT

(1.) AGGRIEVED by the Award dated 2nd February, 2001 of Labour Court -VI, Delhi petitioner has preferred this writ petition under Article 226 of the Constitution of India. Industrial Adjudicator has directed the petitioner to reinstate respondent nos. 1 and 2 with full back wages and continuity of service.

(2.) RESPONDENT nos. 1 and 2 raised industrial dispute which was referred by the Secretary (Labour) to Labour Court for adjudication in the following terms : - "Whether the services of Shri Ghanshyam and Sh. Dharam Veer have been terminated illegally and/or unjustifiably by the management, all if so, to what relief are they entitled and what directions are necessary in this respect"

(3.) IN written statement, petitioner denied that respondent nos. 1 and 2 joined on the dates as mentioned in their statements of claim. It was denied that respondent nos. 1 and 2 had worked upto 20th January, 1992 and 21st February, 1992 respectively. Petitioner denied that respondent nos. 1 and 2 had worked continuously for 240 days in each completed year without any break of service. It was alleged that respondents had not even specified the number of officials under whom they worked for the alleged period. Respondent nos. 1 and 2 had performed work as a daily wagers against a non regular post, thus, no notice was required to be served on them. Respondent nos. 1 and 2 worked with the petitioner till the availability of job and on completion of work their services were not required.