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2009 Supreme(Del) 35

SANJAY KISHAN KAUL, MOOL CHAND GARG
Delhi Transport Corporation – Appellant
Versus
Harpal Singh – Respondent


Advocates Appeared:
Mr. R. D. Makheeja, Adv.
Mr.G.S.Charya , Adv.

MOOL CHAND GARG, J.

.1. Brief facts giving rise to the filing of this LPA are; (i) That the respondent workman was employed with the appellant as a Security Guard. On 05.06.1991 while returning to his house after discharging his duties, he met with an accident and sustained grievous injuries rendering him unsuitable for employment as security guard, thereafter he proceeded on medical leave. He was referred to DTC medical board where he refused to appear. He was prematurely retired from service w.e.f. 22.02.1994 vide letter dated 18.05.1994. The respondent aggrieved by the aforesaid order raised a Industrial Dispute before the Conciliation Officer, Delhi Administration for issuing directions to the Management for reinstating him in service. Govt. of NCT of Delhi referred the dispute between the respondent and the appellant to the Labor Court registered as ID No. 118/1996; (ii) The same was adjudicated upon by the Presiding Officer, Labor Court VII. Vide order

.dated 18.02.2002 an award was given in favor of the respondent directing inter alia his reinstatement with continuity of service and full back wages. It was further held that if the workman cannot be retained as a Security Gua



































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