INDIAN INSTITUTE OF TECHNOLOGY, DELHI Vs. JITENDER KUMAR

JUDGEMENT

(1.) The present writ petition under Article 226 and Article 227 of the Constitution of India (the Constitution), has been filed by the respondent/management (the Indian Institute of Technology, Delhi) in ID No. 79/2015 on the file of the Central Government Industrial Tribunal cum Labour Court-I, Dwaraka Courts, Delhi, (the tribunal) aggrieved by the Award dtd. 5/3/2019, by which the claimant/workman has been held entitled to reinstatement of service on the same post, with 50% back wages.

(2.) In this writ petition, unless otherwise specified, the parties shall be referred to as described in the original claim petition.

(3.) In the statement of claim, it is alleged thus: The claimant/workman, is the son of late Shri Kesari Nandan, a permanent employee of the respondent/management, who while in service expired on 7/7/2007. Pursuant to the death of his father, his mother sought appointment for him on compassionate grounds and vide communication dtd. 23/1/2008, she was informed that he had been appointed under the Board of Hostel Management (BHM). The claimant/workman was issued an appointment letter dtd. 8/1/2008, placing him as Masalchi in Jwalamukhi Hostel on a purely temporary and contractual basis for a period from 8/1/2008 to 7/7/2008.