LAWS(DLH)-2015-7-34

SUBHASH CHAND Vs. MCD

Decided On July 02, 2015
SUBHASH CHAND Appellant
V/S
MCD Respondents

JUDGEMENT

(1.) Review Petition No.257/2015, CM Nos. 8362/2015( (for condonation of delay in filing the review petition) & CM No. 8363/2015(for Stay of recovery proceedings)

(2.) Before considering the applications in hand, it will be in the fitness of things to narrate the circumstances leading to the filing of the present applications.

(3.) Petitioner/non-applicant was employed with the respondent/applicant as chowkidar w.e.f. October 20, 1989. He was a muster roll monthly paid worker and he continued as such till February, 17, 1997 on which date his services were terminated. The petitioner raised an industrial dispute which was referred to the Labour Court. The Labour Court held that the services of the petitioner were illegally and unjustifiably terminated and a compensation to the tune of Rs.20,000/- was awarded to him. Feeling aggrieved, a writ petition under Article 226 and 227 of the Constitution of India for issuing a writ of certiorari for setting aside and quashing the award dated 4th May, 2006 was filed by the petitioner to the extent that he was denied the relief of full back wages and reinstatement. Vide order dated 21st April, 2011, by relying upon Ram Narain vs. Management of Delhi State Civil Supplies Corporation Ltd. being WP(C) No. 15089/2006 decided on 21st March, 2007, the award of the labour Court dated 4th May, 2006 in so far as it granted the compensation to the petitioner to the tune of Rs.20,000/- was set aside and petitioner was held entitled to reinstatement in service with full consequential benefits.