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2013 Supreme(Online)(DEL) 2477

HIGH COURT OF DELHI
THE OFFICER INCHARGE DEFENCE STANDARDIZATION CELL – Appellant
Versus
MUKESH KUMAR – Respondent


J U D G M E N T

VIPIN SANGHI, J.

1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India to assail the award dated 18.12.2006 passed by Central Government Industrial Tribunal cum Labour Court –II (CGIT hereinafter) in ID no 117/2004 wherein the reference mentioned herein below was answered in favor of the respondent workman by directing reinstatement of the respondent with 25% back wages. The reference made by the Central Government reads as follows:

“Whether the action of the management of Officer-In-Charge, Defence Standardization Cell, Raksha Manak Bhawan, Defence Camping Ground, New Delhi in terminating the services of Shri Mukesh Kumar, Ex. Safai Karamchari w.e.f. 12.05.2003 is just and legal? If not, to what relief the workman is entitled to and from which date.”

2. It was the case of the respondent workman before the CGIT that he was engaged as a sweeper on 09.08.2000 with the petitioner management and that his appointment was through the Employment Exchange, Kibri Place Cantt., New Delhi. It was the respondent’s case that the petitioner management was not providing him the benefits to which he was entitled under the law, and his consta

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