Delhi Transport Corporation vs Brij Bhushan
2011 Latest Caselaw 144 Del

07
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     LPA 341/2010


      DELHI TRANSPORT CORPORATION               ..... Appellant
                   Through  Ms. Avnish Ahlawat, Advocate.

                   versus


      BRIJ BHUSHAN                                          ..... Respondent
                            Through       Ms. Rashmi B. Singh, Advocate.


      CORAM:
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE SANJIV KHANNA

                             ORDER

%                            11.01.2011

C.M.Nos.9019-9020/2010

These are applications for condonation of delay in filing and re-filing

the appeal. Having heard Ms. Avnish Ahlawat, learned counsel for the

appellant and Mr. Rashmi B. Singh, learned counsel for the respondent, the

delay stands condoned. The applications stand disposed of.

LPA 341/2010

The present appeal is directed against the order dated 6th January, 2010

passed by the learned single Judge in W.P.(C) No.17546/2004 whereby the single Judge has declined to interfere with the award passed by the Industrial

Adjudicator on the ground that there is no infirmity in the said award. Be it

noted, the workman has already been reinstated in pursuance of the award

dated 7th October, 2002, passed by the learned Industrial Adjudicator, which

is affirmed by the learned single Judge on 6 th January, 2010. Ms. Avnish

Ahlawat, learned counsel for the appellant has fairly stated that services of

the respondent workman shall not be dispensed with and he shall be paid the

regular scale, which is available to the said category of workman.

It is worth noting, the learned single Judge had directed reinstatement

with full back wages by the Industrial Adjudicator. Ms. Avnish Ahlawat has

submitted that the said finding should be unsettled. In course of hearing of

this appeal, we have been apprised that a sum of Rs.6,72,919/- has already

been paid to the workman towards back wages from 19 th August, 1994 to 31st

December, 2003 and thereafter the benefit under Section 17 B of the

Industrial Disputes Act, 1947.

This Court, while issuing notice, had directed the appellant to deposit

Rs. 2,00,000/- before the Registry of this Court. Keeping in view of the

totality of the circumstances, we are inclined to direct that a further sum of

Rs. 28,000/- be paid to the respondent workman towards back wages. On

such grant being made, the total amount will exceed more than Rs.7,00,000/-.

We are inclined to think that would sub serve the cause of justice. The balance amount shall be refunded to the appellant. With the aforesaid

modification in the order of the learned single Judge, the appeal stands

disposed of. There shall be no order as to costs.

CHIEF JUSTICE

SANJIV KHANNA, J.

JANUARY 11, 2011 NA