SATYA NARAYAN SHARMA Vs. DELHI COLLEGE OF ENGINEERING

JUDGEMENT

(1.) THE workman in this writ petition seeks to challenge an industrial award dated 12. 04. 2005 passed by the Industrial Adjudicator by which no relief has been granted to him for alleged termination of his services by the respondent college w. e. f. 30. 04. 1998.

(2.) HEARD.

(3.) BRIEFLY stated the facts of the case relevant for the disposal of this writ petition are that the petitioner was appointed by the respondent college as a daily wager to work as Cleaner/library Attendant intermittently during the period from 01. 10. 1996 to 30. 04. 1998. His appointment in 1996 was for 58 days; in 1997, for 146 days and in 1998, for 50 days. The petitioner admittedly did not have 240 days of continuous service in the year preceding the date of his alleged termination and, therefore, the provisions of Section 25 (F) which deal with retrenchment, are not applicable to him. The appointment of the petitioner with the respondent college was not made after following a selection process provided for filling up of vacant posts as per the rules applicable to the respondent college. No advertisement for filling up of posts was given, no interview was held. The appointment of the petitioner was, in fact, a back-door entry. The petitioner even did not prove before the Tribunal that the respondent had retained any person in service junior to him.