VIRENDER SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) By this writ petition, petitioner has challenged the Award dated 27.06.2002 whereby the reference was answered against the petitioner by Labour Court- X, Karkardooma Courts, Delhi.

(2.) Petitioner alleged that he worked with the management as Charge Mate for more than three years. He reported for duty on 22.2.1987 and Executive Engineer told to him that his services were no longer required. He claimed reinstatement with full back wages. Following disputes were referred for adjudication by the appropriate government to the Labour Court:

(3.) The stand of the respondent in written statement was that workman had been working with the management since December 1985. However, workman got entry in the office by fraud on the basis of a forged appointment letter. As soon as department got suspicious about bonafide of his appointment in DDA, letters were issued to the concerned division for verification and it was found that no such appointment was made nor he was an employee of the DDA. Since the workman got appointment on the basis of fake/ forged appointment letter, there was no legal contract of employment between the workman and DDA. The investigation was handed over to the police as well as to the vigilance department of DDA to find out as to how this forgery was committed and who were the persons involved in it. When the workman came to know of the forgery having been detected by the DDA, he stopped coming to the office or at site for discharging his duties and abandoned his job in order to save himself from criminal action. Workman never claimed any dues from the department as he was avoiding Police investigation and investigation by Vigilance Department. The contract of the workman was void ab nitio since it was based on fraud and fabricated documents. A complaint was lodged with SHO, Paharganj regarding forgery.