M C D Vs. VIJAY PAL

JUDGEMENT

(1.) Shri Vijay Pal was engaged in the Horticulture Department of the Municipal Corporation of Delhi with effect from February 25, 2001 as a 'Muster Roll Mali' on daily wage basis on a monthly salary of Rs. 875/- subject to revision from time to time under the Minimum Wages Act. It so happened that on June 26, 1992, the MCD terminated his services. Feeling aggrieved, he raised an industrial dispute which was referred to the Industrial Tribunal for adjudication. The terms of reference were as under:- ?Whether the services of Shri Vijay Pal ? Muster Roll Mali/Beldar have been terminated illegally and/or unjustifiably by the management and if so, to what relief is he entitled and what directions are necessary in this respect?? The Industrial Tribunal decided the reference in favour of the workman holding that his services were illegally and unjustifiably terminated as the MCD before doing so did not comply with the provisions of Section 25-F of the Industrial Disputes Act, 1947. Accordingly, it directed his reinstatement with continuity of service and full back wages with effect from February 26, 1992 onwards.

(2.) It was now the turn of the MCD to feel aggrieved and that is why this writ petition assailing the order of the Tribunal. The stand of the MCD before the Tribunal as also before this Court has been that workman had himself abandoned the job and, therefore, there was no question of the MCD terminating his services or not complying with the provisions of Section 25-F of the Industrial Disputes Act. In any case, it was argued that the aforesaid section did not apply to the case of Vijay Pal as he had not worked with the MCD for a continuous period of not less than one year and it was only in that event that he was entitled to one month's notice or wages in lieu thereof.

(3.) Needless to say that the workman asserted that he had worked for a continuous period of one year before his services were terminated. The Tribunal held against the MCD on both the counts, and consequently, as noticed above, directed reinstatement of the workman with continuity of service and full back wages.