DELHI TOURISM & TRANSPORTATION DEVELOPMENT CORPORATION LIMITED Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL NO. III, AND ORS.

JUDGEMENT

(1.) Vide the present writ petition, the petitioner employer of respondent no.2 Girdhari Lal has challenged the award dated 19.07.2002 whereby an order for reinstatement of the workman with continuity of service and full back wages from the date of demand notice i.e. 10.05.1988 up to the date of reinstatement at the rate of last drawn salary or minimum wages, whichever is higher, was made.

(2.) The brief facts of the case are that the respondent no.2 was appointed on the post of Chowkidar on consolidated salary of Rs.350/- for a period of three months vide Office Memorandum No.F (A)/308/83/DTDC/11201 dated 27.09.1983. The respondent no.1 submitted his acceptance and joining report on 07.10.1983. As the vacancies on the post of Chowkidar and Dish Washer continued with the petitioner, the respondent no.2 was again appointed till 31.03.1984 vide order dated 18.01.1984 and then with effect from 02.04.1984 till 30.04.1984 vide office order dated 25.04.1984.

(3.) The contention of the respondent no.2 before the Industrial Tribunal was for his termination on 15.05.1985 was in violation of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the I.D.Act'), hence, the termination was illegal.