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2021 Supreme(Del) 461

PRATHIBA M.SINGH
DIRECTOR GENERAL OF WORKS CPWD – Appellant
Versus
RAMRAJ SINGH – Respondent


Advocate Appeared:
For the Appellant : Mr. Bharathi Raju, adv
For the Respondent:Mr. Anuj Aggarwal & Mr. Shubham Pundhir, Advocates

JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through video conferencing.

2. The present petition challenges the impugned order dated 14th December, 2018 passed by the Presiding Officer, CGIT cum Labour Courts-II, Dwarka District Courts, in ID No. 03/2004. As per the impugned order, the CGIT has directed reinstatement of three workmen with immediate effect, along with back wages and other directions, which is extracted below:

    “In the instant case admittedly no permission or approval was sought by the employer in terms of section 33(2) (b). Thus, the contention of the Ld. A/R that by not filing a separate petition the prayer cannot be entertained since, not acceptable. Moreover the Ld. A/R for the management has not denied the fact of alleged termination as no objection has been filed. It is thus, held that the employer during the pendency of this dispute has acted in a manner in contravention of the provision of section 33(2)(b) and the said action is illegal and unjustified and need to be corrected by restoring the status quo of the service condition of the workma

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