ISHRAUL HAQUE ANSARI Vs. M C D

JUDGEMENT

(1.) With the consent of the counsels for the parties, the matter is taken up for hearing and disposal at the admission stage itself.

(2.) The present writ petition has been filed by the petitioner praying inter alia for quashing the order dated 10th May, 2002 passed by the Presiding Officer, Labour Court, whereby the application of the petitioner/workman for setting aside the ex parte award dated 3.12.1993 was dismissed on the ground that no sufficient cause for non-appearance of the Authorized Representative (AR) as well as the workman was made out.

(3.) In a nutshell, facts of the case are that the petitioner was employed as a Sub-Officer in the Delhi Fire Services on 29.9.1989. While he was still on probation, his services were terminated on 8.11.1990. Aggrieved by the said termination order, the petitioner filed a writ petition in this Court being WP(C) No. 371/1991. The said writ petition was dismissed by a Division Bench of this Court, vide order dated 5.2.1991, holding inter alia that the petitioner was a mere probationer and no stigma was attached to his termination nor was there any suggestion that the probationer had been terminated because of any ulterior motives. Some time thereafter, the petitioner raised a dispute before the Labour Commissioner, as the Delhi Fire Service was under the administrative control of the respondent No.1/MCD at the relevant time. The said dispute was referred for adjudication to the Labour Court, vide I.D. No. 183/1992. Following were the terms of reference :