M.C.D. Vs. MAHESH CHAND

JUDGEMENT

(1.) The present writ petition filed by the MCD assails the award dated 10.05.2002 passed by the learned Industrial Tribunal-I, Karkardooma Courts, Shahdara, Delhi. Under the impugned award, the learned Tribunal has after holding that the respondent no.1 had been wrongly deprived of his wages for the period between 01.03.1996 to 04.12.1996 directed the petitioner to pay the same with interest at the rate of 9%.

(2.) Learned counsel for the petitioner submits that the Tribunal was wholly unjustified in passing the impugned award by overlooking the fact that the respondent had in fact absented from duty between 01.03.1996 to 04.12.1996 and was, therefore, was not entitled to receive any wages for the said period.

(3.) On the other hand, Ms.Meghna De, learned counsel for the respondent no.1 while supporting the impugned award submits that the petitioner had failed to lead any evidence in support of its bald claim that the respondent was absconding from duty. She submits that once the respondent had led evidence before the Tribunal to show that even though he was reporting for duty, he was not being permitted to mark his attendance, which evidence remained unrebutted, the Tribunal was justified in accepting the respondent's version. She further submits that the impugned award which grants the benefit of only Rs.28,160/- to the respondent already stands implemented and, therefore, prays that the writ petition be dismissed.