CHANDER SINGH GARDESHI Vs. LT GOVERNOR DELHI

JUDGEMENT

(1.) This writ petition has been filed for an appropriate writ,direction and order to the respondents to treat the petitioner as an employee ofDelhi Administration after the take over of Harijan Udyogshala in November, 1977and for payment of salary and allowances of the petitioner as Medical Officer.

(2.) The brief facts are that Harijan Sewak Sangh was running an Institutionunder the name of Harijan Udyogshala at Kingsway Camp, Delhi-9 since the year1936 whose purpose was to give Industrial Training to the students enrolled withthe Institution. The said Institution had been recognised by the Central Government, Ministry of Labour, Delhi Administration and the Municipal Corporation ofDelhi. It was affiliated with the National Council of Training in vocational trades,which is a wing/department of Ministry of Labour, Government of India. Theexaminations used to be conducted by the Directorate of Training and TechnicalEducation, Delhi Administration and the certificates were issued to the successfulCandidates by the Ministry of Labour, Government of Iia. 90 per cent of the salaryof the employees/staff was paid by the Government of India. The MunicipalCorporation of Delhi also gave financial aid to run dispensary in the said Institutionby Harijan Sewak Sangh and, there were about 29 members of the staff includingthe petitioner in Harijan Udyogshala. The petitioner was employed as a MedicalOfficer Incharge of the Dispensary in the premises of the Institution for the benefitof the staff and students of the said Institute as well as for outdoor patient.

(3.) The petitioner was a member of the staff since 1955 and his name appearedon the attendance register and he was paid salary by the Harijan Udyogshala fromthe funds of the said Udyogshala. The petitioner is a qualified Vaid and is theregistered medical practitioners in Ayurvedic. He is registered with the Board ofAyurvedic & Unani system of medicine, Delhi State and his name appears in the listof persons, in practice, belonging to the indigenous system under Sub-section 2 ofSection 34 of the East Punjab Ayurvedic & Unani Practitioners (Delhi AmendmentAct) 1963. The petitioner had qualified from Bihar State and has been practicingsince the year 1948. The work of the petitioner was highly satisfactory and theHealth Department of the Municipal Corporation of Delhi regularly checked thework of the petitioner, who was a Medical Incharge of the Dispensary at therelevant time. It is reiterated in the writ petition that the petitioner possessed therequisite qualification and experience for the post of Medical Officer Incharge ofthe Dispensary of Udyogshala.