BADSHAH SINGH Vs. DELHI WATER SUPPLY

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated April 30, 1999 of the Industrial Tribunal in I.D. No. 351/1990 whereby the Industrial Tribunal has held that the petitioner is not entitled to any relief.

(2.) The award was given on an Industrial Dispute referred to the Industrial Tribunal by the appropriate Government with the following terms of reference:

(3.) It was the case of the petitioner before the Industrial Tribunal that he was taken in the employment by the respondent with effect from January 01, 1982 as a 'Beldar' as a daily-rated/casual/muster roll worker while his counterparts doing identical work were being treated as regular employees. His case was that his services were terminated with effect from June 15, 1989 without assigning any reason; that the cause of the termination of his service was that the workman had declined to work at the residence of K.G. Ratwani, Assistant Engineer-II and S.K.Bhagat, Junior Engineer as a domestic servant. He had further stated that he has sent a demand notice vide communication dated June 30, 1989 and thereafter, dispute was raised before the Conciliation Officer, which was to no avail and the respondent, after terminating his services from muster roll on June 15, 1989 sent a memo dated June 29, 1989, that a departmental enquiry is to be initiated against him for the acts of misconduct and that he submitted his reply dated December 24, 1989 on January 23, 1990 and thereafter, no communication was received by him from the respondent and initiation of any disciplinary proceedings after termination of services was illegal and mala fide. The claim of the petitioner was for his reinstatement with continuity in service.