Delhi Transport Corporation vs Parma Nand
2013 Latest Caselaw 1688 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     LPA 65/2013 and CM No.1520/2013 & 1521/2013

      DELHI TRANSPORT CORPORATION                        ..... Appellant

                         Through:Mr.Anish Dhingra with Mr.Anand
                         Mishra for Ms.Avnish Ahalawat, Advocates.

                         versus

      PARMA NAND                                         ..... Respondent

                         Through:

      CORAM:

      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE V.K. JAIN

                            ORDER

% 12.04.2013

1. The respondent before us was working as a Conductor with the

appellant/Delhi Transport Corporation. The charge sheet dated 13 th November,

1994 was served upon the respondent for not issuing tickets to four passengers

even after collecting fare from them. Pursuant to an inquiry held against the

respondent, an order was passed removing him from the service of the appellant.

An industrial dispute was raised by the respondent, disputing his removal from

LPA No.65/2013 page 1 of 3 service. The Labour Court, vide Award dated 7 th October, 2004 directed

reinstatement of the respondent with full back wages and other consequential

benefits with continuity of service. The Award was challenged by the appellant by

way of WP(C) No.23569/2005. The said petition having been dismissed by the

learned Single Judge, vide impugned order dated 12th July, 2012, the appellant is

before us by way of this appeal.

2. When this appeal came up for hearing, notice was issued only with regard to

quantum of back wages. Pursuant to the notice served upon him, the respondent is

present with his counsel. We have heard the learned counsel for the parties and

have examined the record. After arguments, it has been agreed that the Award

passed by the Labour Court may be modified to the extent that for the period

during which wages under Section 17B of Industrial Disputes Act were not paid to

the respondent, he would be paid 50% of the back wages, till the date he was

reinstated in service. It has been further agreed that neither any further wages shall

be paid to the respondent, for the period for which wages under Section 17B of

Industrial Disputes Act were paid to him nor the wages paid to him under Section

17B of Industrial Disputes Act would be adjusted towards payment of back wages

for the remaining period. We, therefore, dispose of this appeal with the above

referred modification to the Award dated 7th October, 2004.

LPA No.65/2013 page 2 of 3 The appeal and all pending applications stand disposed of.

                                                              CHIEF JUSTICE




                                                              V.K. JAIN, J

APRIL    12, 2013

ks




LPA No.65/2013                                                page 3 of 3