SUSHIL KUMAR Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 17th October, 2006 passed by the learned Single Judge of this Court allowing the W.P. (Civil) No. 3007 of 2003 filed by the respondent University of Delhi challenging an Award dated 19th April, 2002 passed by the Labour Court directing the reinstatement of the appellant with full back -wages and continuity in service.

(2.) THE Tribunal in its Award dated 19th April, 2002 noted that the University has not produced the attendance register of the workman. It had not filed any document showing that the workman was appointed only for a specific purpose for a limited period. In fact the certificates produced by the University showed that that the workman had been employed from 1st July, 1996 to 15th June, 1998. Further, the workman was not cross -examined on this aspect. The witness for the University MW -1 stated in his cross -examination that no appointment letter had been issued by any department of the University to the appellant. On the basis of the above evidence, the Tribunal concluded that the University had failed to prove that the services of the appellant were engaged only for a specific period.

(3.) AGAINST the Award of the Labour Court directing the reinstatement with full back -wages, the respondent has filed WP(C) No. 3007 of 2003 which came to be allowed by the impugned judgment of the learned Single Judge. It was held that the Tribunal had erred in ignoring the payment vouchers produced by the University which reflected that the appellant had worked only for a few days in April, 1999 and May, 1999. Thereafter the learned Single Judge observed as under: