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DELHI HIGH COURT
GAURANG KANTH
National Book Trust of India – Appellant
Versus
Daya Chand – Respondent


JUDGMENT

Gaurang Kanth, J. The present Writ Petition emanates from the Award dated 05.05.2010 ("Impugned Award") passed by the Court of Sh. T.S Kashyap, Presiding Officer, Labor Court-XIX, Karkardooma Courts: Delhi in LIR No. 472/08 (Old No. ID-150/03) titled as Sh. Daya Chand v. M/s National Book Trust of India. Vide the Impugned Award, the learned Labour Court held that the Petitioner/Trust is an Industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 ("I.D Act"). Further, it also held that the termination of the services of the Respondent/Workman by the Petitioner/Trust is illegal and accordingly the Respondent/Workman is entitled to reinstatement in service with 50% backwages, continuity in service and consequential benefits. The Petitioner vide the present petition is inter alia praying to set aside the Impugned Award.

FACTS GERMANE FOR THE ADJUDICATION OF THE PRESENT WRIT PETITION ARE AS FOLLOWS:

2. It is the case of the Respondent/Workman that he was employed by the Petitioner/Management sometime during 1990-1992 and since March 1995, he continued to work as Chaprasi (Peon) with the Petitioner/Trust on daily wages without any complaint and was paid

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