GOVERNMENT OF NCT OF DELHI Vs. NARESH KUMAR

JUDGEMENT

(1.) THIS writ petition filed by the Government of NCT of Delhi (petitioner herein) is directed against two awards, one dated 13. 05. 2002 and the other dated 19. 05. 2002 passed by the Presiding Officer Industrial tribunal-III, Delhi directing reinstatement and regularization of the workman (respondent herein) on the post of Safai Karmachari w. e. f. the date of his initial appointment and to pay him back wages with other consequential benefits.

(2.) THE respondent was appointed as part time Sweeper by the superintending Engineer (Panda) III, PWD, NCT of Delhi vide office order dated 17. 07. 1991 at page 35 of the Paper Book. The office order dated 17. 07. 1991 which contains terms and conditions of his appointment is extracted below:

(3.) THE petitioner after his appointment as part time Sweeper vide office order dated 17. 07. 1991 extracted above, continued to work in PWD under the superintending control of Government of NCT of Delhi till the time he raised an industrial dispute (ID No. 103/1999) for regularization of his services on the post of Sweeper in the pay scale of Rs. 750-940. This industrial dispute raised by the petitioner was referred by the appropriate Government for adjudication to the Labour Court. While this dispute in ID No. 103/1999 was pending, the PWD dispensed with the services of the respondent w. e. f. 14. 02. 2000. Approval of the Labour court as required under Section 33 (2) (b) of the Industrial Disputes Act was not obtained and this is the admitted position.