MEHTAB Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated March 31, 2009 in I.D No.89/2008 (new), I.D No.175/1995 (old), whereby the Labour Court affirmed the termination of the petitioner as legal and denied him the relief.

(2.) The brief facts as noted from the award are that the petitioner was engaged in the Horticulture Department of the MCD as Maali/Baildar with effect from March 26, 1990. He was paid wages in terms of the notification issued by the erstwhile Delhi Administration under the provisions of the Minimum Wages Act, payable to casual/unskilled workers. It is the petitioner's case that his engagement was terminated on July 26, 1991 without assigning any reasons. It was his case that the respondent engaged fresh persons after his termination; no seniority list was prepared by the MCD; no notice pay was paid before terminating his services; he remained unemployed with effect from the date of termination. His prayer in the petition was for reinstatement with back wages and consequential benefits.

(3.) The case of the MCD was that the petitioner was engaged for short period for a specific work and after the work is over, he is disengaged. His services were never terminated. He was being paid wages due to him as per the rules. The petitioner is not entitled to the relief as prayed for.