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2015 Supreme(Del) 2305

SUNITA GUPTA
INSTITUTE OF TUBERCULOSIS & ALLIED DISEASES – Appellant
Versus
BABU LAL – Respondent


Advocates Appeared:
Mr. Vaibhav Kalra, Advocate
Mr. Atul T.N., Advocate

JUDGMENT :

SUNITA GUPTA, J.

1. Challenge in this writ petition under Article 226/227 of the Constitution of India is to the award dated 20.08.2011 passed by learned Presiding Officer, Labour Court, Karkardooma, Delhi in ID No. 58/10 vide which the termination of the respondent herein was held to be illegal and he was held entitled for reinstatement of service and 50% of backwages alongwith compensation for a sum of Rs.10,000/-. The backwages were ordered to be paid within 30 days from the date of publication of the award failing which, workman was entitled for interest at simple rate of 6% from the date of award till realisation.

2. The respondent was engaged in the petitioner’s institute as a kitchen staff on daily wages in the year 1986. Thereafter, he was appointed as a regular employee of the institute on 01.01.1987 as a kitchen staff. On 27.01.1994 the institute served the respondent with a memorandum/chargesheet for stealing certain food articles from the kitchen concealed in a bag which were recovered from his bag in the presence of Nursing Superintendent. Pursuant to the chargesheet issued to the respondent, enquiry proceedings were initiated wherein he admitted his guilt.






















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