M/S Municipal Corporation Of … vs Krishan Kumar on 27 November, 2015

I. S. MEHTA, J.

1. The present petitioner, i.e., Municipal Corporation of Delhi

(hereinafter referred to as the „petitioner-management‟) has preferred the

present Writ Petition under Articles 226 and 227 of the Constitution of

India assailing the validity of the impugned Award dated 07.07.2003

passed by the Presiding Officer, Labour Court No. IX, Karkardooma,

Delhi (hereinafter referred to as the „learned Labour Court/Industrial

Adjudicator‟) in I.D. No. 187/95.
2. The brief facts as stated are that the respondent-workman, i.e., Shri

Krishan Kumar joined the employment of petitioner-management, i.e.,

W.P. (C) No. 5513/2004 Page 1 of 9
Municipal Corporation of Delhi as Mortarman w.e.f. 15.03.1989 as a

daily muster roll worker and was allegedly being paid wages less than

those fixed by the Delhi Administration under the Minimum Wages Act

for skilled category of workers. The respondent-workman, i.e., Shri

Krishan Kumar continued in the employment of the petitioner-

management till 15.05.1993, on which date, without assigning any

reason, his services were terminated. The action taken by the petitioner-

management is violative of Sections 25-F, G, H and N of the Industrial

Disputes Act, 1947, read with Rules 76, 77, and 78 of the Industrial

Disputes (Central) Rules, 1957 and also violative of Articles 14, 16 and

39(d) of the Constitution of India.

Source: Indian Kanoon

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