$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 08.05.2023 + LPA 231/2019 VIJENDER KUMAR ..... Appellant Through: Ms. Shobhana Takiar and Mr.

Kuljeet Singh, Advocates.

versus NEW DELHI MUNICIPAL COMMITTEE ..... Respondent Through: Mr. Vaibhav Agnihotri, Advocate. CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI HON'BLE MR. JUSTICE GAURANG KANTH NAJMI WAZRI, J. (ORAL)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. The sole ground for impugning the order dated 10.12.2018 passed in W.P. (C) 8438/2009 is that, albeit it has upheld the award dated 15.07.2008 passed by the Labour Court, Karkardooma Court, Delhi, the penalty for termination of service was rather harsh apropos the appellant who, employed way back in 1994 and was removed from service on account of alleged absence from duty, amounting to misconduct. In lieu of his reinstatement and back wages, the impugned order upheld the award of Rs.70,000/- as compensation on the basis of the Signature Not Verified LPA 231/2019 Page 1 of 3 Digitally Signed By:KAMLESH dicta of the Supreme Court in Management, Hindustan Machine Tools Ltd.. Vs. Ghanshyam Sharma 2018 SCC OnLine SC

2254.

2. The rationale o