SHRI JAGDISH Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) The present writ petition filed by the workman assails the award dated 08.12.2017 passed by the learned Labour Court-XVII, Dwarka Courts, Delhi in LIR No.2229/2016. Under the impugned award, the Labour Court has rejected the petitioner's claim after noticing the inordinate delay and laches on his part in assailing his alleged termination of 10.04.1987.

(2.) The petitioner, who was engaged as a muster roll Mali w.e.f. 25.08.1985 in the respondent/Corporation, continued to discharge services in the same capacity till 09.04.1987, whereafter he was no longer engaged. More than 20 years after his being disengaged, the petitioner approached the Conciliation Officer with a grievance that he had been illegally terminated on 10.04.1987 even though he had continuously served in the respondent corporation without any break between i.e. 25.08.1985 and 09.04.1987. Upon the conciliation proceedings having failed, a reference was made to the Labour Court in the following terms:-

(3.) Before the Labour Court, the respondent filed its reply disputing the petitioner's claim by specifically urging that he had never been engaged by them. It was also urged by the respondent that the claim having been filed after almost 23 years was in any event liable to be dismissed on the ground of delay and laches itself. In support of his claim, the petitioner filed a copy of the seniority list of some muster roll employees and a copy of an award passed in another case but none of the documents filed included the petitioner's name.