JUDGMENT :

GAURANG KANTH, J.

1. Vide this common judgment, this court intends to dispose of the following two writ petitions preferred under the Article 226 of the Constitution of India:

(i) W.P.(C) No. 5016 of 2003 titled as National Institute of Immunology Vs. Vinod Kumar Gupta, filed by the Petitioner Management assailing the validity of the award dated 09.12.2002 (“impugned award”) passed by the Labour Court no. VII, Delhi in I.D. No. 301 of 1993.

(ii) W.P.(C) No. 16023 of 2004 titled as Vinod Kumar Gupta Vs. National Institute of Immunology, filed by the Respondent Workman challenging the aforesaid impugned award passed by the learned Labour Court in I.D. No. 301 of 1993.

2. The Learned Labour Court, vide the impugned award, adjudicated the terms of reference in favour of the workman holding that the National Institute of Immunology (“management”) illegally terminated the service of the workman, thereby granting a lumpsum compensation of Rs.50,000/- to meet the ends of justice.

FACTS RELEVANT FOR ADJUDICATION OF THE WRIT PETITIONS

3. It is the case of the workman that he was engaged on 05.07.1990 on daily wage basis to work in the Store Department of the management for handling misc