Vijay Pal Singh v. N.D.M.C

REVA KHETRAPAL, J FEBRUARY 19, 2008 "v"

* HIGH COURT OF DELHI AT NEW DELHI + LPA 1178/2007 % Date of decision: 19th February, 2008 VIJAY PAL SINGH ..... Appellant Through Mr.Varun Parsad, Adv. versus N.D.M.C ..... Respondent Through Ms.Jyoti Singh, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE REVA KHETRAPAL 1. Whether reporters of local papers be allowed to see the judgment ? yes 2. To be referred to the Reporter or not ? yes 3. Whether the judgment should be reported in the Digest ? yes DR. MUKUNDAKAM SHARMA, CJ (Oral) 1. This appeal is directed against the order dated 27th February, 2007 passed by the learned Single Judge agreeing with award dated 7th April, 2004 passed by the Presiding Officer of the Industrial Tribunal holding that the appellant is not entitled to any relief of reinstatement and regularisation. 2. The appellant was working as muster roll employee with the NDMC and while working as such he was caught red handed stealing sprinkler valves on 19th June, 1993. A criminal case under Section 379/411 IPC was filed against him. The appellant did not report for duty after that. The criminal case was brought to trial and on conclusion of the trial, he was convicted on 6th August, 1994. However, by order dated 8th August, 1994 he was released on probation. 3. A representation was filed by the appellant in 1995 requesting the respondent to re-engage him and take him back in service. The said request was rejected by the respondent. A copy of the letter written by the respondent on 30th August, 1996 is on record. In the said letter the respondent informed the appellant while disposing of his representation dated 17th July, 1995 that he cannot be reinstated in the post of Chowkidar or Mali in the NDMC. The appellant did not raise any dispute nor challenged the same in any court of law till 2001 when he moved the appropriate government for making a reference upon which a reference was made by the appropriate government in the following terms: "1.Whether the services of Shri Vijay Pal Singh s/o Shri Late Ram Swaroop have been terminated illegally and/or unjustifiably by the management, and if so, to what sum of money as monetary relief alongwith consequential benefits in terms of existing laws/Govt. Notifications and to what other relief is he entitled and what directions are necessary in this respect ? 2. Whether Shri Vijay Pal Singh s/o late Sh. Ram Swaroop is entitled to be regularised on the post of mali in proper pay scale, if so, from which date and what directions are necessary in this respect? " 4. The learned Industrial Adjudicator allowed the parties to filed their respective pleadings and also to lead their evidence and on conclusion of the proceeding passed the award dated 7th April, 2004 holding that the appellant was not a regular employee holding any post and was only a daily wager. It was also held that the offence of theft for which the workman was convicted cannot be said to be of technical nature nor was too trivial and rather it was an act involving moral turpitude and the theft was also of the property of the management. It was held that since the appellant was not a regular workman and was only a daily wager therefore the reference has to be answered in favour of the management and against the workman. It was also held that the workman was not a fit person to be given fresh appointment. 5. Being aggrieved by the aforesaid award, the appellant filed the writ petition which was considered by the learned Single Judge. The writ petition was dismissed on several grounds. The first ground on which the writ petition was dismissed was on the ground of inordinate delay and laches. The learned Single Judge held that not only the reference was delayed, for, the termination was made in the year 1993 but the dispute was actually raised in October, 2001 and that also without showing any reason for the delay in initiating the proceeding, but even the writ petition was barred by principles of delay and laches for the award was passed in April,