Suresh Kumar v. Mang.Of Air Force Sr.Sec.School

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7554/2003 SURESH KUMAR ..... Petitioner Through None.

versus MANG. OF AIR FORCE SR. SEC. SCHOOL ..... Respondent Through None.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 09.11.2017 1.

The present writ petition assails award dated 01.10.2003 passed by the Labour Court whereby it has decided the reference against the petitioner-workman by holding that the services of the workman had not been terminated by the respondent-management, but had come to an end by efflux of time.

2.

I have perused the impugned award as well as the other documents placed on record. I am of the opinion that the findings of the Labour Court to the effect that the petitioner-workman had been appointed only on temporary basis for the period of 10 months on 14.10.1991 at a monthly consolidated salary of Rs.489/- are substantiated not only from the evidence tendered by the management but also from the cross-examination of the petitioner-workman himself. Pertinently, the petitioner has, in his cross-examination, clearly stated in the following terms:-

"It is correct that I was appointed on temporary basis, for 10 months only on 14.10.91 at the monthly salary of Rs.489/- consolidated."

3.

The Labour Court was thus fully justified in holding that the petitioner's services had come to an end by efflux of time as he had been specifically appointed only for a period of 10 months in accordance with the Director of Education's instructions dated 27.05.1991.

4.

In view of the above facts, I find no infirmity in the Award passed by the Labour Court. However, since none of the parties is present, the petition is dismissed in default. REKHA PALLI, J NOVEMBER 09, 2017 gm