Delhi High Court
Rajender Kumar & Ors vs Govt Of Nct Of Delhi on 5 December, 2014
Author: Suresh Kait
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 5th December, 2014
+ W.P.(C) 2665/2011
RAJENDER KUMAR & ORS ..... Petitioners
Represented by: Mr. Rajiv Aggarwal and
Mr. Sachin Kumar, Advs.
Versus
GOVT OF NCT OF DELHI ..... Respondent
Represented by: Mr.Sumit Chander, Adv.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide the present petition, petitioner seeks direction for setting aside
the impugned award dated 07.11.2009 passed in ID No. 25/2005 whereby
the claim petition of the workman has been dismissed.
2. Mr. Rajiv Aggarwal, ld. Counsel appearing on behalf of the petitioner
submits that the terms of reference vide order dated 09.11.2004 was as
under:
"Whether the services of Sh. Chaman Singh, S/o, Sh. Ram Pal
and Others (As per annexure „A‟) have been terminated
illegally and / or unjustifiably by the management and if so, to
what sum of money as monetary relief along with other
consequential benefits in terms of existing laws / Govt.
Notifications and to what other relief are they entitled and what
directions are necessary in this respect?"
3. Accordingly, the Presiding Officer framed the following issues on
01.05.2006:
"1. Whether claim of the workmen is highly belated, if so, its
effect?
2. Whether the management is not an Industry as alleged?
3. Whether there exists relationship of employee and employer
between the parties?
4. Whether the workmen had worked for more than 240 days in
the preceding 12 months?
5. As per terms of the reference.
6. Relief."
4. Mr. Aggarwal, further submits that the issue before the Tribunal was
whether the services of the workmen have been terminated illegally or
unjustifiably by the Management, however, has not decided the same.
5. On perusal of the impugned order, it is revealed that while taking the
shelter of the cases of Secretary, State of Karnataka and Ors. v. Uma Devi
(3) and Ors. 2006 4 SCC 1 and Ajay Kumar Sharma v. Presiding Officer,
Labour Court 133 (2006) DLT 24, Ld. Tribunal has recorded that the
services of the petitioner were not terminated illegally and unjustifiably by
the Management. Accordingly, the issues noted above were decided against
the petitioner and in favour of the Management.
6. Mr. Aggarwal, has relied upon a case of Mohd. Shakeel Akhtar v.
MCD in W.P.(C) 213/2011 decided 16.09.2014 whereby this Court held as
under:
"6. Learned counsel for the petitioner has relied upon the case
of Anoop Sharma v. Executive engineer, Public Health Division
No. 1, Panipat (Haryana) decided on 09.04.2010 by the Apex
Court, wherein held as under:
"19. The judgment of the Constitution Bench in
Secretary, State of Karnataka v. Uma Devi (supra)
and other decisions in which this Court considered
the right of casual, daily wage, temporary and ad hoc
employees to be regularised/continued in service or
paid salary in the regular time scale, appears to have
unduly influenced the High Court's approach in
dealing with the appellant's challenge to the award of
the Labour Court. In our view, none of those
judgments has any bearing on the interpretation of
Section 25F of the Act and employer's obligation to
comply with the conditions enumerated in that
section."
7. Keeping in view the issues before the Labour Court and the
settled position of law, I am of the considered opinion that case
of Uma Devi (Supra) is applicable on employees under the
government employment and not to the workmen which has to be
dealt under the Industrial Disputes Act".
7. In view of above, award dated 07.11.2009 is hereby set aside.
8. Consequently, the matter is remanded back to the concerned Industrial
Tribunal to decide afresh by giving opportunity to both the parties.
9. Accordingly, parties are directed to appear before the concerned
Industrial Tribunal on 08.01.2015 for directions.
10. In view of above, instant petition stands disposed of with no order as
to costs.
11. A copy of this order be sent to the concerned Tribunal.
12. Dasti.
SURESH KAIT, J
DECEMBER 05, 2014
jg
