S.N.Aggarwal, J (ORAL);-

The NDMC is the petitioner in this writ petition. It has filed the present petition for setting aside the industrial award dated 21.05.2004 in I.D. No. 139/1995 granting full back wages from the date of termination till the date of the award in favour of the respondent workman.

2 Briefly stated the facts of the case relevant for the disposal of this writ petition are that the petitioner had on or around 1991 had restarted its training-cum-production centre for manufacturing of file covers, wrappers and file boards at Bapu Samaj Sewa Kendra, Community Hall, Panchkuyian Road, New Delhi for which decision was taken by the petitioner vide Resolution No. 32 dated 28.09.1990. The scheme was started at the petitioner's above referred Kendra with an object of giving training to the un-employed lower categories and to supply the maximum production of file covers & wrappers for the municipality.

3 Pursuant to decision taken by the petitioner to restart its training-cum-production centre for manufacturing of file covers, wrappers and file boards vide Resolution No. 32 dated 28.09.1990, the petitioner appointed two persons namely the respondent Mr. Dori Lal as Supervisor and Mr Raj Kumar as helper w.e.f. 01.04.1991 and 15.04.1991 respectively at a fixed honorarium of Rs.1,000/- per month and Rs.750/- per month respectively for a period of three months in the first instance. The honorarium of both these persons, at their request, was later on enhanced to Rs.1,200/- per month and Rs.1,000/- per month respectively w.e.f. 19.04.1993. The tenure of appointment of both the above persons at the Centre was renewed from time to time, each time for a fixed term ranging between three to six months till the time the Centre was finally closed down by the petitioner w.e.f. 31.03.1994. The last extension that was given by the petitioner to the respondent Mr. Dori Lal was vide appointment letter dated 20.10.1993 (Annexure MW-1/7 at page 23 of the paper book) which is extracted below:-

“BAPU SAMAJ SEWA KENDRA

COMMUNITY HALL, P.K. ROAD,

NEW DELHI

No.197-A/CH/69-A/CH Dated 20.10.1993

OFFICE ORDER

In continuation of O.O. No.197-A/CH/42/CH dated 17.06.1993 and with the approval of the Secretary, the term of temporary posts of one supervisor and one Helper for File cover production, Cummunity Hall, P.K. Road, New Delhi is extended for another period of six months w.e.f. 01.10.1993 to 31.03.1994. The term of appointment of the following officials is also extended for the period ending 31.03.1994. Further the rate of fixed honorarium to the following is as under:-

Sl. No. Name and Designation Rate of fixed honorarium

1 Sh. Dori Lal, Supervisor Rs.1,200/- p.m.

2 Sh. Diwakar Garg, Helper Rs.750/- p.m.

The appointments are purely temporary and can be terminated earlier also.

Sd/-

DY. SECY. (HEALTH)

Copy to :- 1. Incharge (Community Hall)

2. Accounts Branch

3. Individual”

4 The Centre for which the respondent was appointed by the petitioner was closed down w.e.f. 31.03.1994 and consequently the services of the respondent workman came to an end with the closure of the Centre w.e.f. 31.03.1994. Aggrieved therefore, the respondent workman raised an industrial dispute which was referred by the appropriate Government in the Government of NCT of Delhi to the Labour Court for adjudication.

5 The Labour Court vide its impugned award, upon consideration of the evidence produced by the parties before it, recorded a finding of fact that admittedly the Centre for which the respondent workman was appointed had been closed down w.e.f. 31.03.1994. Para-10 of the impugned award in this regard is relevant and is extracted below:-

“In my considered view, when the workman has continuously worked w.e.f. 01.04.1991 to 31.03.1994, he is entitled to get protection of Section 25-F of the I.D. Act and his services should not have been terminated without complying with the provisions of the Act. The plea of the management that the unit in which the workman was employed has been closed st

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