SUNITA GUPTA
DTC – Appellant
Versus
Mohar Singh – Respondent
Sunita Gupta, J.
1. The challenge in this writ petition under Articles 226 and 227 of the Constitution of India is to the impugned award dated 03.10.2009 passed by the Presiding Officer, Labour Court, Karkardooma Courts, Delhi in ID No. 1066/06/04, vide which the respondent–workman was directed to be reinstated, if found medically fit, with valid driving license in the same post.
2. The factual matrix of the case which resulted in passing of the impugned award are as follows:
3. The Government of NCT of Delhi referred the dispute vide reference No. F. 24(113)/03–LaB/2699–03 dated 12.05.2004 with following terms reference:
“Whether the services of Shri Mohar Singh s/o Ghanshyam have been terminated illegally and/or unjustifiably by the management, if so, to what relief is he entitled and what directions are necessary in this respect?”
4. The respondent–workman filed his statement of claim alleging therein that he was employed as a driver with effect from 26.08.1988. His services were terminated with effect from 22.09.1989 without giving any reason against the principles of natural justice. The termination tantamount to hostile discrimination. His appeals dated 10.10.1997,
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