LAWS(DLH)-2023-8-143

RAMESH KUMAR BAWALIA Vs. UTTAR PRADESH SAMAJ SOCIETY

Decided On August 21, 2023
Ramesh Kumar Bawalia Appellant
V/S
Uttar Pradesh Samaj Society Respondents

JUDGEMENT

(1.) Petitioner has instituted the instant 'Letters Patent Appeal' in terms of Clause X of the Letters Patent of Lahore, as applicable to the Delhi High Court, read with Sec. 10 of the Delhi High Courts Act, 1996, assailing the impugned order dtd. 11/3/2020 passed by the learned Single Judge of this Court. The impugned order arises out of the Writ Petition filed by the respondents-Uttar Pradesh Samaj (Society), whereby while answering the reference of the industrial dispute in favour of the petitioner, the award passed by the learned Labour Court dtd. 15/7/2010, was set aside.

(2.) The facts of this case lie in a narrow compass. Admittedly, the appellant was appointed as a Lab Assistant vide appointment letter dtd. 16/6/1993 by the respondent through its Managing Committee for a period of one year, whereby the appointment was extendable by another year, and accordingly the appellant joined his duties w.e.f., 15/7/1993. The appellant states that while he was discharging his official duties to the best of his abilities and with dedication, suddenly without any rhyme or reason, he was slapped with a letter of termination from service dtd. 3/6/1994 on flimsy grounds of his performance not being satisfactory. It was the case of the appellant that the Principal of the School had rather issued an 'Appreciation Letter' dtd. 30/6/1994 in his favour commending his competence and diligence in the performance of his duties. Needless to state that as his representation dtd. 20/7/1994 did not find favour with the Chairman of the Managing Committee of the respondent, the appellant raised an industrial dispute and the appropriate Government sent a Ref. no. F.24(427)95 - LAB/13461-67 dtd. 1/6/1995 to the Labour Court:

(3.) During the course of proceedings, learned Labour Court framed the following issues:-