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DELHI HIGH COURT
SHIV NARAYAN DHINGRA
Om Prakash – Appellant
Versus
Delhi Transport Corporation – Respondent


JUDGMENT

SHIV NARAYAN DHINGRA, J.

1. By this writ petition the petitioner has challenged the Award dated 3.12.2003 passed by the Labour Court No. VII whereby the Labour Court answered the reference against the petitioner.

2. Briefly the facts relevant for the purpose of deciding this writ petition are that petitioner was working as a Driver with the Delhi Transport Corporation (DTC). He was medically examined in May 1993. By an inadvertent mistake a letter dated 19.5.1993 was issued to him prematurely retiring him on the ground that he is medically unfit as a Driver. However, this mistake was soon discovered by the respondent and respondent corrected its mistake and recalled the order dated 19.5.1993 and passed another order dated 31.5.1993 asking petitioner that he continues to be in service should and join the duty immediately. The period from 19.5.1993 to 31.5.1993 for which he had not worked was directed to be treated as leave. Petitioner alleged that after 31.5.1993 he was not allowed to join the duties and raised an industrial dispute which was referred for adjudication in the following terms of reference:

" Whether the services of Shri Om Prakash have been terminated ille

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