LAWS(DLH)-2009-7-152

DHARAMVIR SINGH Vs. N D M C

Decided On July 22, 2009
DHARAMVIR SINGH Appellant
V/S
N D M C Respondents

JUDGEMENT

(1.) THIS writ petition filed by the workman (petitioner herein) is directed against an award dated 03. 10. 2006 passed by Mr. O. P. Saini, Presiding Officer, labour Court-VII, Delhi, confirming his termination from the service of the respondent w. e. f. 01. 02. 1991.

(2.) BRIEFLY stated the facts of the case relevant for the disposal of this writ petition are that the petitioner was appointed as a Muster Roll daily wager beldar by the New Delhi Municipal Council (respondent herein) on 20. 09. 1989. His services were dispensed with by the respondent w. e. f 01. 02. 1991. He, after more than 9 years of dispensing with his services, raised an industrial dispute in 2000 which was referred by the appropriate Government for adjudication to the Labour Court.

(3.) THE Court below relying on various judgments of the Hon'ble Supreme Court and the evidence that was adduced by the parties before it reached to a conclusion that the termination of the petitioner from the service of the respondent was justified and was in accordance with the terms and conditions of his appointment. The Court below in its impugned award has also recorded a finding of fact that the petitioner was not able to prove before it that he had completed 240 days service with the respondent in a year preceding immediately before the date of his termination. On this finding of fact arrived at by the Court below, it was held that the petitioner was not entitled to any relief as his termination does not amount to retrenchment under the provisions of Section 2 (oo) and Section 25 F of the industrial Disputes Act, 1947.