DELHI COLLEGE OF ENGINEERING Vs. DINESH KUMAR

JUDGEMENT

(1.) This letters patent appeal is directed against the order dated 19.8.2004 passed by the learned Single Judge dismissing the appellant's Writ Petition (Civil) No. 12490 of 2004. By the impugned order the learned Single Judge upheld the award dated 19.7.2003 passed by the Industrial Tribunal ('Tribunal'), holding the termination of the services of the respondent No.l by the appellant management to be illegal and directing the reinstatement of the respondent with continuity in service and full back wages. Background Facts:

(2.) The facts leading to the filing of the present appeal are that the respondent No.l joined the employment of the appellant with effect from 1.5.1993 as a waterman. With effect from 1.11.1993, he began working as peon. The services of the respondent No.l were terminated with effect from 2.4.1994. The question whether the termination was illegal was referred to the dispute to the Tribunal for adjudication.

(3.) In the statement of claim filed on 15.3.2002 before the Tribunal the respondent No.l stated that he had completed more than 240 days in each calender month and was deemed to have been in regular employment. He further contended that a number of juniors had been retained in service and that accordingly the termination of his services was violative of Section 25-F, 25-G and 25-H of the Industrial Disputes Act, 1947 ('Act'). In para 5 he stated that a demand notice was served upon the appellant on 13.12.2000 whereas his services were terminated on 2.4.1994. No reasons for the delay in making the claim were given.