RAJBIR SINGH Vs. MCD

JUDGEMENT

(1.) This Letters Patent Appeal arises from the order dated 21.8.2006 passed by the learned Single Judge on an application filed by the appellant under Section 17-B of Industrial Disputes Act, 1947, (hereinafter referred to as "the Act"). The application filed by the appellant averred that he was not employed after the termination of his services and accordingly claimed for emoluments under Section 17-B of the Act. The said Section reads as follows:

(2.) The appellant, in particular, is aggrieved by the observations in paragraph 2 of the impugned order which reads as under:

(3.) The learned Single Judge has held that mere statement of non-employment with an affidavit in support is not sufficient to grant relief under Section 17-B of the Act. We are unable to sustain the above finding of the learned Single Judge which runs contrary to the expressed mandate of Section 17-B of the Act. This Section has been interpreted in the judgment of this Court in Airport Authority of India v. Puran Chand and Ors. in LPA No.190/2006 decided on 8th September, 2006 and we are of the view that the issue involved in this case is fully covered by the above judgment. The learned Single Judge has suo moto embarked on this enquiry when the question of non-employment of the appellant was not even disputed by the respondent by filing an affidavit. This Court has already observed in the above judgment that view taken by the learned Single Judge is contrary to the mandate of Section 17-B of the Act. A writ court is expected to confine itself to the pleadings and not embark upon an enquiry on its own. The impugned order is, therefore, wholly unsustainable and is accordingly set aside.