UNIVERSITY OF DELHI Vs. SUSHIL KUMAR

JUDGEMENT

(1.) This writ petition is directed against the Award dated 19.4.2002 passed by Labour Court No. III, Karkardoom Courts, Delhi, whereby it held that the respondent was entitled to be reinstated in service with full back wages and continuity in service.

(2.) Briefly facts relevant for the purpose of deciding this writ petition are that respondent raised an industrial dispute alleging that he was illegally terminated by the petitioner on 16.4.99. The dispute was referred for adjudication to the Labour Court in the following terms:-

(3.) In the statement of claim filed by the respondent before the Conciliation officer, respondent took the stand that he was employed by the petitioner as peon with effect from 15.1.1996 and was lastly posted at Campus Law Centre, Faculty of Law, Delhi University. He was a muster roll employee and was being paid wages fixed and revised from time to time on monthly basis. He was not given any appointment letter and his services were terminated with effect from 16.4.1999 without any valid reason. The petitioner in the written statement denied allegations made by the respondent and stated that respondent was never appointed as a peon. He was kept against a vacancy of seasonal staff for re-arranging, cleaning and stacking of books in the Law Library of the Faculty of Law. He was engaged only during examination days and he worked with the University up to 15.5.1999 and thereafter he was not engaged. He was not selected by the Selection Committee and he was not regular employee of the University. He had no right of becoming a permanent employee of the University. The claim of the respondent for reinstatement with full back wages was denied. Petitioner also took the stand that Delhi University was not an industry. In rejoinder the claimant did not deny that he had worked up to 15.5.1999. He also did not deny that he was engaged on seasonal basis for re-arranging, cleaning and stacking of books in the Law Library of the Faculty of Law.