DELHI CEVLOPMENT AUTHORITY Vs. SUDESH KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned single Judge in W. P. (C) No. 677/1999 dated, February 12,2008 challenging the award of the Industrial Tribunal dated July 30, 1998. The learned single Judge has dismissed the writ petition and affirmed the award of the Tribunal.

(2.) THE appellant before us is Delhi development Authority (for short 'dda' ). One rajinder Kumar, who was an employee of the appellant-DDA, expired on April 3, 1990. After his death, his widow Kailashwati applied to dda for appointment of his son Sudesh Kumar on compassionate ground with the DDA. The application came to be rejected on the ground that at the time of his death, late Rajinder Kumar was working on work charged basis and thus he had no right of employment with DDA. On dispute being raised by the Municipal employees Union, the Secretary (Labour)referred the following dispute to the Industrial tribunal for adjudication:

(3.) THE Tribunal upon consideration of the material placed on record, recorded a finding that Rajinder Kumar, who was employed with the management since 1978, was made work charge-Beldar in 1983 and he was a permanent workman of the appellant. His last posting was with the Engineering Division-IV, Dilshad garden, Shahadara and he died on April 3, 1990 in harness leaving behind a number of family members including his son Sudesh Kumar and that the case of the workman's son was covered under the policy for employment on the compassionate ground. The finding of the tribunal is confirmed by the learned single judge by order under appeal.