SH. MAHESH CHAND TYAGI Vs. DELHI JAL BOARD

JUDGEMENT

(1.) THIS is a writ petition filed by the petitioner challenging the award passed on 23rd August, 2002 by Sh.K.S.Pal, Presiding Officer, Labour Court -II, Room No. 48, Karkardooma Courts, Delhi in case tilted as The Management of Delhi Water Supply & Sewage Disposal Undertaking v. Workman Sh. Mahesh Chand Tyagi bearing ID No. 429/1997. By virtue of the aforesaid award, the Labour Court had dismissed the claim of the petitioner to the effect that he ought to have been superannuated at the age of 60 years under FR 56 (b) as against the age of 58 years under FR 56 (e) proviso.

(2.) BRIEFLY stated the facts of the case are that the Secretary (Labour) Government of NCT of Delhi vide Notification No. F.24(445)/97 - Lab./16714 -18 dated 25th June, 1997 made the following reference to the Labour Court:

(3.) THE respondent/Management contested the claim of the petitioner and filed the written statement. It was the stand of the respondent/Management that the petitioner was employed as a Security Guard and therefore, he was covered by the proviso of FR 56(e) by virtue of which he had rightly been superannuated at attaining the age of 58 years.