NEW DELHI MUNICIPAL COUNCIL Vs. AFTAB SINGH

JUDGEMENT

(1.) This writ petition filed by the NDMC challenges the Award of the Industrial Tribunal dated 7th August, 1996 passed in I.D. No. 109/91. On 6th March, 1997 notice limited to the question of delay in raising the issues involved in the reference in the year 1990 was issued by this Court to the respondents. Consequently, the scope of the present writ petition is confined to the said issue. The graveman of this issue arises from the plea of the petitioner that the respondent was selected on the post of Senior Lab. Technician and promoted on ad hoc basis from 16.10.1976. He was reverted back to his substantive post of Jr. Lab. Technician from 20.6.1978.

(2.) It has been contended by the petitioner in the writ petition that the impugned Award which grants the relief for the promotion of respondent as Sr. Lab. Technician at least from the date his Junior Smt. Rajni Gaur was promoted could not have been passed because the respondent's case suffers from unexplained delay and laches as the dispute was raised by him only in 1990.

(3.) Since the writ petition confined to this short point, it would be relevant to set out paragraph 5 of the written statement, filed by the petitioner-NDMC before the Industrial Tribunal which reads: