DELHI TRANSPORT CORPORATION Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The challenge in this writ petition by the Delhi Transport Corporation is to the award dated October 17, 1996 passed by the Industrial Tribunal in I.D. No. 189/94 whereby the Industrial Tribunal has held the termination of the services of the respondent No. 2 as illegal in violation of Section 25-F and 25-G of the Industrial Disputes Act, 1947 ('Act', in short) and directed his reinstatement with continuity of service and full back wages.

(2.) It may be stated here that the petitioner was served before the Industrial Tribunal and the petitioner also had put in appearance. It appears that the petitioner did not file a written statement to the claim petition filed by the respondent No. 2. Subsequently, because of non-appearance, the petitioner was proceeded ex parte.

(3.) The case of the respondent No. 2 in his claim petition was that he was initially appointed on May 01, 1989 as a daily rated Retainer Crew Driver. His services were terminated on January 21, 1991 in an illegal, improper and arbitrary manner. It is further alleged that he was again appointed a Retainer Crew Driver vide order dated September 29, 1991 and his services were again terminated on March 05, 1993 under para 4 (XIV) of the Executive Instructions regarding employment of Retainer Crew Driver.