LALA RAM DAGAR Vs. JP BASANT CONTINENTAL

JUDGEMENT

(1.) In this writ petition, the petitioner/workman has challenged the impugned Award dated 30.09.2014 passed by learned Presiding Officer, Labour Court-XIX (East), Karkardooma Courts, Delhi (in short „Industrial Adjudicator?) in which the reference was "Whether Shri Lala Ram Dagar s/o Late Shri Bhagmal Singh have been retired forcibly by the management, and if yes, to what relief is he entitled?" referred by the Secretary (Labour) Government of NCT of Delhi under Section 10 (1) (c) and 12 (5) of the Industrial Disputes Act, 1947 (in short "I.D.Act") which was answered in the negative and against the petitioner.

(2.) Admittedly, the petitioner was working as a Senior Plumber since 20.10.1982 with the respondent/Management M/s J.P. Basant Continental which is a division of M/s Jai Prakash Associates. The petitioner alleged that he was forcibly retired from his services on 31.12.2009 in violation of Section 25F and Section 25G of the I.D. Act and claimed his two years salary along with consequential benefits.

(3.) In its written statement, the respondent pleaded that the petitioner, as per the terms of the appointment letter, was to retire on superannuation from his services on 31st December of the year in which he attained the age of 58 years and accordingly, the petitioner was superannuated on 31.12.2009 and at that time he was paid all his dues.