RATTAN SINGH Vs. CHAIRMAN MANAGING DIRECTOR DTC

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner assailing the no relief award dated 17th August, 2006 passed by the Presiding officer, Labour Court in I. D. No. 73/2006, against the petitioner/workman, at whose instance a reference was made by the appropriate authority on 3rd June, 2004, the terms of which were as to whether the action of the respondent/management in treating the petitioner/workman to have resigned is illegal and/or unjustified and if so, the relief to which he was entitled.

(2.) COUNSEL for the petitioner/workman submits that his services were terminated on 16. 6. 1988 under the garb of deemed resignation and he was removed from service by the respondent/management, vide order dated 6. 2. 1991. However, a dispute was raised by the petitioner/workman only in the year 2004, in which a reference was made by the appropriate government to the Industrial adjudicator. The respondent/management contested the claim of the petitioner/workman on merits and also took a plea of delay and laches.

(3.) A perusal of the impugned award shows that a no relief award was passed against the petitioner/workman not only on the ground of delay and laches, but also on the ground that the services of the petitioner were terminated under the then existing Rule 14 (10) (b) of the DTC (Conditions of appointment and Services) Regulation, 1952 which provided that in case a workman remained on leave beyond three months, his services could not be regularized and he is deemed to have resigned from the services of the Corporation.