DELHI URBAN SHELTER IMPROVEMENT BOARD Vs. SUBHASH

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India seeking setting aside of order dtd. 24/2/2018 passed by the POLC/Dwarka Court, New Delhi in LIR no.6722/16, whereby the action of the petitioner/management in terminating the services of the respondent/claimant was held to be illegal and so he was awarded a lump sum compensation of Rs.5,00,000.00 and a sum of Rs.20,000.00 as litigation expenses to be paid by the former.

(2.) Vide Order No. F.24(1867)/05/Lab./1812-1816 dtd. 5/3/2007, issued by the Secretary (Labour), Government of NCT of Delhi, a reference was sent to the Labour Court to consider whether the services of the respondent/workman/claimant had been terminated illegally and/or unjustifiably by the petitioner/management and if so, to the sum of money as monetary relief along with other consequential benefits in terms of existing law/govt. notification and to other relief he was entitled to.

(3.) Before the Labour Court, the respondent/claimant/workman contended that in 1992, he had joined the post of Sewar Beldar in the Delhi Development Authority (the DDA). The Slum and JJ wing of the DDA was taken over by the Municipal (the MCD) and accordingly his service was also transferred to the MCD with continuity of service and all benefits of the previous service. Pursuant to the same, the respondent/claimant/workman reported for work before the MCD Head Quarter, Town Hall, Chandni Chowk. However, the officials informed him that his service file had not yet been received by the department and, therefore, he was not allowed to resume his duties. Thereafter, he approached his parent department. But the officials concerned told him that they had already sent his service file to the MCD and that he must report for duty only before the MCD. Despite several attempts made from 21/4/1998, he was never permitted to join duty.