BHIM SAIN Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The challenge by the petitioner Bhim Sain is to the Award dated December 10, 2010 passed by the Industrial Tribunal, Karkardooma Courts, Delhi in I.D No.112/07 whereby the Industrial Tribunal on a finding that the petitioner is not a "workman" within the definition of Section 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) had not granted any relief to the petitioner.

(2.) The petitioner initially was appointed as a Junior Clerk with the erstwhile D.E.S.U. He was promoted to the post of Senior Clerk with effect from June 14, 1989. He was selected and appointed as Legal Assistant, a Group-B post on deputation in the Legal Cell. He was permanently absorbed as Legal Assistant vide office order dated January 13, 1995 in the erstwhile D.E.S.U. A charge-sheet was issued to the petitioner under Rule 14 of the CCS(CCA) Rules, 1965. The petitioner was found guilty of the charges framed against him and a punishment of compulsory retirement was imposed upon the petitioner. It was the case of the petitioner before the Industrial Tribunal that the inquiry was conducted in an unfair, corrupt and illegal manner. The petitioner had sought a declaration that the penalty of compulsory retirement imposed upon him be declared as unauthorized and sought a further direction against the respondent for compensation.

(3.) At the time of raising the industrial dispute, since the erstwhile D.E.S.U was privatized, the two respondents who were successor of the D.E.S.U/D.V.B were made parties in the industrial dispute before the Industrial Tribunal.