DDA Vs. PRESIDING OFFICER INDUSTRIAL TRIBUANL

JUDGEMENT

(1.) THE petitioner has impugned the ex parte award dated 30th July, 1998 of industrial Tribunal I holding that Shri Sudesh Kumar son of Late Shri Rajender kumar, deceased employee of the petitioner after the demise of his father, is entitled for appointment on compassionate ground on the post of Beldar or any other equivalent job with the petitioner.

(2.) THE facts relevant for adjudication of the present petition are that the respondent no. 3 is the son of the deceased Shri Rajender Kumar, who was employed as a Beldar, claimed compassionate appointment with the petitioner. On the dispute being raised by Municipal Employees Union, Aggarwal Bhawan, g. T. Roard, Tis Hazari Courts, Delhi on behalf of the respondent no. 3 about his appointment on compassionate ground, the Secretary (Labour), Government of NCT of Delhi, referred the dispute `whether Shri Sudesh Kumar is entitled to appointment on compassionate ground and, if so, what directions are necessary in this regard" for adjudication to the Tribunal by notification dated 23rd August, 1996.

(3.) PURSUANT to the reference of dispute by the appropriate Government, notices were issued to the petitioner and the respondent no. 3 for 26th November, 1996. Shri R. D. Tyagi appeared on behalf of the petitioner and an authorized representative of the workman also appeared and sought time to file the statement of claim. On the due date, the statement of claim was filed, however, no written statement was filed refuting the averments and pleas raised in the claim petition. The Industrial Tribunal despite no one appearing on behalf of the petitioner did not proceed ex parte on that date and adjourned the matter to 9th September, 1997, on which date also no one appeared on behalf of the petitioner. No written statement was also filed refuting the claim of the respondent. The Industrial Tribunal, therefore, proceeded ex parte against the petitioner, Delhi Development Authority. Thereafter, the respondent no. 3 filed his evidence on affidavit and proved the documents. After considering the pleas, evidence of the respondent no. 3 and other documents, it was noticed by the industrial Tribunal that the father of the respondent no. 3, Shri Rajender Kumar, was employed with the Management since 1978 and was made Work Charge " Beldar in 1983 and that he was a permanent employee of the petitioner. His last posting was with the Engineering Division " IV, Dilshad Garden, Shahdara and he died on 3rd April, 1990 in harness leaving behind a number of family members including the respondent no. 3.