The Delhi High Court has directed that a MCD ghost employee, who was sacked for being absent from the duty for a long time, is not entitled to be reinstated.
The court set aside the order of labour court by which North Delhi Municipal Corporation was directed to reinstate the employee, who was appointed as a 'safai karamchari' on temporary basis in 1989, with back wages.
Justice J R Midha, however, awarded a compensation of Rs 75,000 to the man.
"This court is of the view that this case is squarely covered by the principles laid down in ... and no inquiry was required to be conducted by the petitioner (North MCD) to terminate the respondent (employee) in the facts of the case.
"The law with respect to the loss of confidence is well settled that reinstatement cannot be ordered when an employee acts in a manner by which the management loses confidence in him. In case of loss of confidence, only compensation can be awarded," the judge said, adding that this case shall not be treated as precedent.
The civic body, in its plea challenging the labour court's order, said that the employee did not seek any leave for two years and did not prove the illness alleged by him.
Before the high court, the man did not press for reinstatement with back wages and submitted that reasonable compensation be given to him.
As per the petition, the man remained absent without information from November 13, 2006. In 2008-2009, the civic body came to know that there were ghost employees in the department and it was found that there was no attendance record of 22,853 out of 1,27,094 employees.
Biometric attendance system was introduced to identify the ghost employees and according to the authorities, the man was a ghost employee.
In July 2010, the authorities again notified the man to register himself under the biometric attendance system within seven days but he did not turn up after which he was terminated from the service.
The man approached the labour court in 2013 claimed that he suffered from schizophrenia from November 2006 for two years and was fit to join the duty from December, 2008.
He claimed that he had gone to join the duty but was not allowed and alleged that the biometric attendance machine was out of order and he could not register himself.
The labour court had held that no inquiry was conducted by the civic agency before terminating the employee and had awarded reinstatement with back wages to him.
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