BHARAT KUMAR GARDNER Vs. NEW DELHI PUBLIC SCHOOL

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the claimant/workman in D.I.D. 2005/2016 on the file of the Labour Court-X, Dwarka Courts, Delhi, aggrieved by the order dtd. 29/11/2017, by which his claim for reinstatement with back wages was declined. However, he was granted compensation of ?1,00,000/- in the place of reinstatement and back wages.

(2.) The parties in this writ petition, unless otherwise specified, will be referred to as described in the statement of claim.

(3.) In the statement of claim filed on behalf of the claimant/workman, it is alleged thus:- The workman was working as a gardener in the School of the respondent/management, namely, New Delhi Public School, A-Block, Vikas Puri, New Delhi, since 1998 continuously and without any break. In the year 1998, he was paid a monthly salary of ?1200/-. After repeated requests in the year 2002, his salary was raised to ?2500/- per month. This was being paid with effect from 2002. For the purpose of giving him salary, a bank account had been opened and ATM card was also issued in his name. However, the respondent/management never gave him the passbook or the ATM card issued in his name. On the other hand, they continued to pay him salary in cash. The claimant/workman was aware of the fact that the provident fund was also being deposited in his name. However, no information or details regarding the same was given to him. Though he was working with the respondent/management from the year 1998 onwards, the benefit of ESI was also not being given to him, although it was obligatory for the management to do so.