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2023 Supreme(Del) 4510

REKHA PALLI
North Delhi Municipal Corporation – Appellant
Versus
Ram Kumar – Respondent


Advocates appeared:
Mr.Arun Birbal with Mr.Sanjay Singh, Advocates, for the Petitioner.
Mr.Jawahar Raja, Ms. Megha De & Ms. L. Gangmei, Advocates, for the Respondent.

JUDGMENT

Rekha Palli, J. (Oral)

1. The present petition preferred under Article 227 of the Constitution of India by the erstwhile North Delhi Municipal Corporation (now Municipal Corporation of Delhi) seeks to assail the award dated 05.09.2014 passed by the learned Labour Court in I.D.No.173/2010. Vide the impugned award, the learned Labour Court has after coming to a conclusion that the services of the respondent/workman were illegally terminated by the respondent w.e.f. 28.07.2010 without holding any inquiry, directed the petitioner to reinstate him with full back wages w.e.f. 01.07.2006, the date on which a demand notice seeking his reinstatement with back wages was issued on his behalf.

2. As per the factual matrix emerging from the record, the respondent had joined the services as a Mali in 1981 and was regularised w.e.f 01.04.1988. While he was working on the said post, an FIR No. 632/2003 under Section 342/376 Indian Penal Code came to be registered against him and consequently he was taken into custody. The respondent came to be acquitted of all charges in the criminal proceedings and was therefore released from jail on 16.04.2004. It is his case that he reported for assi

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