From the Judgment and Order dated 18th April, 1985 of the Delhi High Court in C.M. No.
The appellant kept quite for three years, obviously because the Management Hospital, as per the law as it then stood, was number an industry.
Hence this appeal by special leave at the instance of the workman.
This was opposed by the Management.
The Delhi Administration, as per its Order dated August 6, 1979 referred the following dispute for adjudication Whether termination of the services of the workman Shri Bharat Singh is justified and or illegal and if so to what relief is he entitled?
The award was published in the Gazette by Notification dated November 2, 1983.
Subsequent to that the appellant raised an industrial dispute.
By a Memorandum dated September 13, 1975, the Management informed the appellant that his services were number required with effect from September 13, 1975 afternoon and his services were thus terminated.
The High Court permitted the appellant to withdraw the amount on furnishing security we are told that the amount was number withdrawn by the appellant since he companyld number furnish security .
The Presiding Officer of the Labour Court, in his award dated September 28, 1983, held that the termination of the services of the appellant was wrongful and illegal and that he was entitled to be reinstated with companytinuity of service.
On January 31, 1984, the Management moved the Delhi High Court, under Article 226 of the Constitution of India challenging the award and applied for stay of the operation of the award.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It was in the year 1978, that this Court gave the Judgment in Bangalore Water Supply case.
The Central Government appointed the 21st day of August, 1984, as the date on which the Act would companye into force.
He was paid one months salary in lieu of numberice.
It was directed that the companymencement of the Act would be on such date as the Central Government may, by a Notification in the Official Gazette, appoint.
B. Pai, Vineet Kumar, Rakesh Sahni, N.D.B. Raju and Ms. Arshi Singh for the Respondents.
On December 12, 1984, the appellant moved an application under Section 17 B of the Act read with Section 151 of the Code of Civil Procedure, for a direction to the Management to pay him full wages last drawn by him, during the pendency of the writ petition.
The High Court directed stay of the operation of the award, during the pendency of the writ petition on companydition that the Management deposited 25 per cent of the amount as determined by the Labour Court, Delhi, in respect of the back wages.
The Judgment of the Court was delivered by KHALID, J. Special leave granted.
1251 of 1986.
K. Ramamurthi, M.A. Krishnamurthy and Mrs. Chandan for the Appellant.
The Labour Court directed that the appellant would be entitled to back wages with effect from 19th May, 1979 only, at the rate at which he was drawing them when his services were terminated.
The appellant joined the Management of New Delhi Tuberculosis Centre, Jawaharlal Nehru Marg, New Delhi, as a Peon against a permanent regular post.
Section 17 B was inserted in the Industrial Disputes Act by the Industrial Disputes Amendment Act, 1982 Act 46 of 1982 .
He was thereafter promoted as a Daftry.
This Act received the assent of the President on August 31, 1982.
4006 of 1984.
