NEW DELHI MUNICIPAL COUNCIL Vs. SUBH NARAYAN SAH

JUDGEMENT

(1.) This writ petition is directed against award, dated 30th September, 2015, passed by the learned Labour Court, whereby Respondent No.1 (hereinafter referred to as "the respondent", for the sake of convenience) was directed to be reinstated with continuity of service and full back wages.

(2.) The reference, dated 8th January, 1993, by the appropriate Government, where from these proceedings emanated, contained the following single term of reference:

(3.) According to the Statement of Claim filed by the respondent, he joined the services of the petitioner, on 15th July, 1990, as a beldar and was treated, throughout, as a daily wager/casual/muster roll worker, on wages, as prescribed from time to time under the Minimum Wages Act, 1948. His counterparts, who were doing identical work, it was contended, were treated as regular employees with regular pay scales and other benefits. He alleged that his services had been terminated with effect from 15th June, 1991, without assigning any reasons and without issuing any memo or charge sheet to him and without holding any inquiry. As such, he assailed his termination as being violative of Sections 25F, 25G and 25H of the Industrial Disputes Act, 1947 (hereinafter referred to as "the ID Act"). He claims to be unemployed since 15th June, 1991. After serving a demand notice to the petitioner, which did not meet with any fruitful response, the respondent first approached the Conciliation Officer and, on finding the conciliation proceedings abortive, initiated an industrial dispute.