NEW DELHI MUNICIPAL COUNCIL Vs. NARENDER

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of award dated 24th May, 2003, passed by the Labour Court IV, Delhi whereby the petitioner was directed to reinstate the respondent with full back wages and continuity of service.

(2.) Briefly, the facts are that the respondent was working as a daily wager/muster roll employee with the petitioner. He claimed that his services were terminated on 20th October, 1988 without following the procedure under Section 25F of the Industrial Disputes Act( in short 'the Act'). He raised an industrial dispute which was referred to the Labour Court in following terms:

(3.) In the statement of claim filed before the Labour Court, the respondent took the stand that he was a monthly rated employee. His monthly salary Rs.561.50. He was appointed as a gardner on 20.7.1986 and was posted at different places. His services were suddenly terminated on 20.10.1988 without holding an enquiry. He also submitted that he had worked with the petitioner with effect from 1.1.85 up to 20.10.88 without any break in service. The management, in response, stated that the workman was not a monthly rated employee but was a daily wager. He had worked for total period of 552 days between 10.7.1985 to 23.8..88. His services were taken as and when required. He had not completed 240 days in any year at stretch. He was engaged only in accordance with need of the project and when the project was over, his services were also over in terms of Section 2(oo)(bb) of the Act.