Delhi High Court
Delhi Transport Corporation vs Jai Bhan on 4 January, 2017
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 04th January, 2017
+ W.P.(C)100/2014
DELHI TRANSPORT CORPORATION ..... Petitioner
Through: Ms.Avnish Ahlawat, Adv.
versus
JAI BHAN ..... Respondent
Through: Mr. Anil Mittal, Ms.Komal
Aggarwal, Advs.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The petitioner has challenged the award of the Labour Court
whereby 50% back wages have been awarded to the respondent.
2. The respondent, a Conductor with the petitioner, was suspended
on 13th May, 1993 on the ground of not issuing tickets to 12
passengers on inter-state route from Pathankot to Jammu after
accepting the fare. A charge sheet dated 19th May, 1993 was issued to
the respondent and a detailed enquiry was conducted in which the
charges were proved against the respondent. Vide punishment order
dated 07th October, 1994, respondent was removed from the service
against which the respondent raised an industrial dispute which
resulted in the award dated 1st February, 2010 directing the petitioner
to reinstate the respondent without back wages.
3. The petitioner implemented the award by reinstating the
petitioner without back wages on 11th August, 2010. After more than
three years of reinstatement, the respondent filed W.P.(C)
No.328/2013 for claiming back wages. The writ petition was
dismissed on 22nd January, 2013 which was challenged by the
respondent in LPA No.220/2013 which was allowed on 16 th April,
2013 and the matter was remanded back to the Labour Court.
4. Vide award dated 6th June, 2013, the Labour Court granted 50%
back wages to the respondent which is under challenge in this writ
petition.
5. Learned counsel for the petitioner submits that the respondent is
not entitled to the back wages. It is submitted that the petitioner
implemented the award dated 1st February, 2010 by reinstating the
respondent who filed the writ petition after more than three years.
6. Learned counsel for the respondent submits that the Division
Bench held in the judgment dated 16th April, 2013 that the respondent
to be entitled to be back wages. The matter was remanded back only
to determine the quantum of back wages. Reference is made to the
Division Bench order dated 16th April, 2013 reproduced in para 4 of
the award.
7. The petitioner has deposited Rs.6,07,800/- with the Registrar
General of this Court towards the back wages in terms of the
impugned award on 24th December, 2016.
8. After considering the rival contentions of the parties, this Court
is of the view that the back wages of 50% granted to the respondent
are liable to be reduced. Out of Rs.6,07,800/- deposited by the
petitioner, the respondent is held entitled to back wages of Rs.4 lakh.
The respondent present in Court along with his counsel agrees to
accept Rs.4 lakh as back wages.
9. The writ petition is partially allowed to the extent that the
respondent is entitled to back wages of Rs.4 lakh. The Registrar
General is directed to disburse Rs.4 lakh to the respondent by
instructing UCO Bank, Delhi High Court Branch to release Rs.1 lakh
to the respondent and keep the balance amount of Rs.3 lakh in three
FDRs of Rs.1 lakh each for the period of 1 year, 2 year and 3 years
with cumulative interest. The balance amount, after releasing Rs.4
lakh to the respondent, be refunded back to the petitioner.
10. Copy of this judgment be given dasti to counsels for the parties
under the signature of the Court Master.
JANUARY 04, 2017 J.R. MIDHA, J.
dk
