NANAK CHAND Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) NANAK Chand is aggrieved by the impugned order dated May 27, 2014 passed by the learned Single Judge disposing of W.P.(C) No. 6933/2003 filed by the New Delhi Municipal Council which laid a challenge to an award dated December 13, 2001 passed by the Labour Court in ID No. 203/1994.

(2.) NOTING that Nanak Chand had worked as a Muster Roll Worker from February 02, 1987 to April 16, 1988, during which period Nanak Chand was being paid remuneration in sum of Rs. 450/ - per month, the learned Single Judge has taken note of the fact that Nanak Chand had been able to receive Rs. 2,73,824/ - in execution proceedings initiated by him to enforce the award, which reinstated him in service with full back wages. The learned Single Judge has, while modifying the award, directed the New Delhi Municipal Council to pay a further sum of Rs. 50,000/ - to Nanak Chand. Cost has been imposed upon Nanak Chand in sum of Rs. 10,000/ - for not disclosing to the Court that he had, in the execution proceedings, already recovered Rs. 2,73,824/ -. Grievance of Nanak Chand in the appeal is that the learned Single Judge has misapplied the ratio of law declared by the Supreme Court in the decision reported as : 2014 (2) SCALE 399 Hari Nandan Prasad & Anr. Vs. Employer I/R to Management of FCI & Anr. Learned counsel for the appellant urged that the caveat lodged in the said decision, though noted by the learned Single Judge, has been overlooked. The caveat lodged in the decision reads as under: -

(3.) AS per the award dated December 13, 2001 the defence of the counsel that Nanak Chand voluntarily abandoned duties has been held to be not established. As a consequence it has been held that assertion by Nanak Chand that his service was illegally terminated on April 16, 1988 stands established. Because Nanak Chand had worked for more than 240 days in the immediate year preceding the date of his termination and no retrenchment compensation being paid, resulting in Section 25F of the ID Act, 1947 being violated, the termination of Nanak Chand's service has been held to be illegal by the award. Nanak Chand has been directed to reinstated in service with full back wages and continuity in service.