NEW DELHI MUNICIPAL COUNCIL Vs. FATEH SINGH

JUDGEMENT

(1.) The challenge in this writ petition by the New Delhi Municipal Council is to the award dated August 01, 2009 passed in I.D. No. 332/09 by the Labour Court whereby the Labour Court has held that the termination of the respondent is in violation of Section 25-F of the Industrial Disputes Act, 1947 (Act, in short) and directed his reinstatement without any back wages.

(2.) The brief facts are, it was the case of the respondent that he was in the employment of the petitioner w.e.f. April 01, 1982 as 'Maali' on daily wage basis. According to him, the petitioner employed persons as Maali on permanent basis and paid them about Rs. 1700/- per month as salary but, he was being paid Rs. 700/- per month. He would further state that the petitioner had terminated his services on the ground of misbehaviour without issuing any memo or charge sheet on July 23, 1992. He would further state that the juniors to him were retained by the Management though the services of the workman were terminated in violation of Section 25-F, 25-G and 25-H of the Act.

(3.) The case of the petitioner before the Labour Court was that the respondent was a Muster Roll Mazdoor and lastly working at Circular Road, New Delhi and was paid the salary for the period he has worked. They justified their action.