The main legal point established is that the termination of services must comply with the provisions of the Industrial Disputes Act, and any illegal termination may entitle the affected party to reinstatement and full back wages.

( 1 ) JUDGMENT this writ petition is directed against the award dated March 21, 2003 passed by the presiding Officer, Industrial Tribunal (hereinafter referred to as 'the Tribunal') in I. D. No. 168/1997 answering the reference in favour of the respondent workman and holding that the services of the respondent workman had been terminated illegally, thus entitling him to reinstatement in service with continuity of service and full back wages as drawn by his regular counter-parts, without any increment upto the date of his reinstatement. It was also held that the respondent workman would be entitled to receive salary without any increment as drawn by his regular counter-parts.

( 2 ) A brief narration of sequence of events is necessary. The respondent workman filed a statement of claim before the Tribunal stating inter alia that he joined the employment of the petitioner MCD (hereinafter referred to as 'the mcd'), with effect from May 1, 1986 as chowkidar and he was being treated as daily rated/casual/muster roil worker and was being paid his wages as fixed and revised from time to time under the Minimum Wages Act. The services of the respondent workman were terminated by the MCD with effect from June 1, 1995 without assigning any valid reason. He was neither issued any written order of termination, nor was he served with any charge-sheet. No domestic inquiry was held against him, no seniority list was displayed and no notice of compensation in lieu thereof was given to him at the time of retrenchment. It was averred that a fresh hand, Mr. Naresh was appointed in his place. It was also stated that the respondent workman had been discriminated against with regard to pay and allowances, since his counter-parts doing identical work were being paid salaries in proper pay scale with usual allowances and increments. He claimed that he was unemployed since June 1, 1995 and thus prayed that he was entitled to reinstatement as a regular permanent employee with continuity of service and full back wages as also that he was entitled to receive wages at par with his regular counter-parts for the period of his muster roll employment.

( 3 ) FOLLOWING terms of reference was forwarded by the appropriate Government to the Tribunal for adjudication:

"7. Whether the services of Sh. Balbir Singh have been terminated illegally and/or unjustifiably by the management and if so, to what relief is he entitled and what directions are necessary in this respect. 2. Whether Sh. Balbir Singh workman on a daily rate/casual muster roll basis is entitled to wages at par with their regular, counter-pans for the period of his muster roll employment and if so, what directions are necessary in this respect?"

( 4 ) THE MCD opposed the claim of the respondent workman by filing a brief written statement wherein two preliminary objections were raised to the effect that the reference was bad, not having been espoused by massive majority and it was also not maintainable on account of non-joinder and mis-joinder of parties. On merits, it was admitted that the respondent workman was employed as a chowkidar but it was stated that he had abandoned the job of his own accord. The claim of the respondent workman to the effect that he was entitled to payment of wages, etc. at par with permanent employees was also rebutted by the MCD.

( 5 ) AFTER hearing the parties, following issues were framed by the Tribunal on May 27, 1999:

1. As per terms of reference. 2. Whether mere has been a proper espousal? -(OPM)3. Whether the claim is bad for re-joinder and misjoinder of the parties? -OPM

( 6 ) THE parties were permitted to lead their respective evidence. The respondent workman examined himself as WWI and tendered various documents in evidence. The MCD examined mr. Rajinder Pal Khatri as MW-1 in part and ms. Swatantra Bala, Deputy Education Officer, education Department, MCD West Zone, as mw-2. After perusing the entire evidence as also the documents and other mater