LAWS(DLH)-2009-4-558

MOHAN LAL Vs. MCD

Decided On April 22, 2009
MOHAN LAL Appellant
V/S
MCD Respondents

JUDGEMENT

(1.) BY way of this petition filed under Articles 226 & 227 of the Constitution of India, the petitioner seeks appropriate writ, order or direction to quash award dated 07/8/2006 and to direct the respondent/MCD to reinstate the petitioner with continuity of service with full backwages.

(2.) THE brief conspectus of the facts as set out in the petition are as under:

(3.) MR . Varun Bansal, Counsel for the petitioner submits that the tribunal erred in awarding a lump sum compensation of Rs. 15000/ - in lieu of reinstatement and full backwages even after holding that the termination of the petitioner was illegal in violation of Section 25F of the ID Act. He maintained that the petitioner worked for more than five years and his case is fully covered by the decision of the Division Bench in PWD through Dy. Dir. Horticulture v. Satya Pal, 2006 VIII AD (Delhi) 810. To support his arguments with regard to the grant of full backwages the Counsel relied upon Mohan Lal v. Management of Bharat Electronics Ltd. : 1981 Lab I.C. 806 (SC); Hindustan Tin's case, 1978 LLJ 474 (SC).