MCD v. Kishni
Case brief
What is this about?
A writ petition filed by MCD against an Industrial Tribunal award regularizing a Safai Karamchari. The High Court held it could not act as an appellate court, finding no apparent error of law in the Tribunal's award dispelling objectionable reliance on non-existent full-time work hours.
What did the court decide?
Writ of certiorari refused; Impugned award dated 16.02.2002 upheld.
What the court decided
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % Date of order: 18th January, 2024
- W.P.(C) 1741/2003
- MCD ..... Petitioner
Through: Mr. Arun Birbal and Mr. Sanjay Singh, Advocate
- versus
KISHNI ..... Respondent
Through: Mr. Jawahar Raja, Ms. Meghna De and Ms. L.Gangmei, Advocates.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
CHANDRA DHARI SINGH, J (Oral)
Issues for consideration
3 issues framed by the court
Whether a writ of certiorari lies to quash the Industrial Tribunal award regularizing a part-time worker based on evidence sufficiency.
Whether the High Court can reappreciate evidence or act as an appellate authority against the Industrial Tribunal.
Whether the Respondent was entitled to regularization from 29th December 1992 based on circular and demand notice.
Parties & counsel
- petitioner
Municipal Corporation of Delhi
- respondent
Kishni
Coram
Chandra Dhar Singh
Case details
As recorded by the court registry
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