D.T.C. vs Yad Ram
2018 Latest Caselaw 7272 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of Decision: December 10, 2018

+      W.P.(C) 1075/2007
       D.T.C.                                          ..... Petitioner
                         Through:     Ms. Avnish Ahlawat &
                                      Mr. N.K.Singh, Advocates

                         Versus

       YAD RAM                                         ..... Respondent
                         Through:     Mr. Rajiv Dewan, Advocate

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                         JUDGMENT

(ORAL)

The challenge to the impugned Award of 22nd April, 2006 by petitioner's counsel is confined to the grant of back wages in view of order of 22nd February, 2007.

Petitioner's counsel assails the impugned Award by submitting that back wages ought not be granted as a matter of right, as respondent- workman was gainfully employed elsewhere and so, it is submitted that back wages granted ought to be suitably reduced. In support of his submissions, petitioner's counsel relies upon decision in U.P.State Brassware Corpn. Ltd. & Anr. Vs. Udai Narain Pandey (2006) 1 SCC 479 to submit that respondent is entitled to 25% of back wages only.

On the contrary, counsel for respondent-workman supports the

impugned Award and relies upon Supreme Court's decision in The Life Insurance Corporation of India Vs. Sri Kalappa M.Sankad (D) Thr. LRS & Ors. 2018 (14) SCALE 103 to submit that learned Tribunal has rightly granted back wages.

Upon hearing and on perusal of impugned Award, material on record and decisions cited, I find that Supreme Court in Rajasthan State Road Transport Corporation Vs Phool Chand 2018 SCC OnLine SC 1583 has taken note of the fact that where a party to the proceedings has not pleaded or adduced evidence on the aspect of back wages, then in such a case, grant of full wages for a long period is unjustified. Supreme Court in Phool Chand (Supra) has granted 50% of the back wages.

In the considered opinion of this Court, facts of the instant case are akin to the case in Phool Chand (Supra). Applying the ratio of Supreme Court's decision in Phool Chand (Supra) to the facts of instant case, impugned Award is modified to the extent of grant of 50% back wages, instead of full back wages.

While entertaining this petition, petitioner had deposited 50% of the awarded compensation. It be released to respondent-workman with interest accrued thereupon, if any, forthwith.

While modifying the impugned Award in aforesaid terms, this petition is disposed of.

(SUNIL GAUR) JUDGE DECEMBER 10, 2018 r