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2021 Supreme(Del) 1672

RAJIV SHAKDHER
North Delhi Municipal Corporation – Appellant
Versus
Satish – Respondent


Advocates appeared:
Namrata Mukim, Advocate, Garima Jindal, Advocate, Rajiv Agarwal, Advocate

JUDGMENT

Rajiv Shakdher, J. - CM APPL. No. 28976/2020

    1. This is an application filed on behalf of the respondent/workman under Section 17B of the Industrial Disputes Act, 1947 [in short I. D. Act?]. The petitioner-corporation opposes this application.

    2. To be noted, the petitioner-corporation has assailed the award dated 17.10.2019, passed by the concerned labour court, whereby, the labour court has directed the petitioner-corporation to reinstate the respondent/workman, and grant him continuity of service, full back wages, and all consequential benefits.

      2.1. The record shows that the respondent/workman had joined the petitioner-corporation on 01.01.1993 as a Safai Karamchari. According to the petitioner-corporation, he was working as a daily wager, and was paid fixed wages, which were revised from time to time, in consonance with the Minimum Wages Act, 1948.

        2.2. It appears that the respondent/workman, on account of his illness, did not attend work between 29.02.2008 and 30.08.2010. In the interregnum, the petitioner-corporation issued a show cause notice to the respondent/workman on 21.06.2010, whereby, he was, inter alia, asked to join his duties and report to the Sanitary Super

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