M C D Vs. NARESH KUMAR

JUDGEMENT

(1.) The petitioner MCD has impugned the award dated 31st January, 2001 passed by the Labour Court in favour of the respondent workman holding inter alia that he is entitled to be reinstated to his job of a Chowkidar with continuity of service, full backwages and other consequential benefits.

(2.) A brief narration of the facts is necessary. The respondent workman had joined the services of the petitioner MCD as a Chowkidar with effect from 16th November, 1988 as a daily wager/casual/muster roll worker. His services were terminated on 19th May, 1995 on the allegations of misconduct, without serving any charge sheet or conducting any domestic enquiry against him. Aggrieved by the aforesaid action of the petitioner MCD, the respondent workman approached the Conciliation Officer who was unable to resolve the dispute between the parties resulting in a reference dated 25th October, 1996 forwarded by the appropriate Government to the Labour Court in the following terms:

(3.) It was averred by the respondent workman in the statement of claim that his services were terminated by the petitioner MCD without affording an opportunity of hearing and without serving any charge sheet on him. He therefore prayed for reinstatement in service with continuity of service and full backwages in the proper pay scale. The petitioner MCD contested the claim of the respondent workman by raising preliminary objections with regard to the maintainability of the claim on the ground that the case of the respondent workman was not espoused by a majority and thus the union had no right to contest the reference and that the reference was bad for non-joinder and mis- joinder of parties. On merits, while it was not denied that the respondent workman joined the service of the petitioner MCD as a Chowkidar on 16th November, 1988 as a daily wager, it was stated that the respondent workman had abandoned the job of his own accord. On the basis of the pleadings of the parties, the only issue framed was in terms of the reference and the relief,if any, to which the respondent workman was entitled to.