Delhi Transport Corporation vs Chet Ram
2019 Latest Caselaw 308 Del

$~25
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                Date of Decision: 16.01.2019
+      W.P.(C) 4253/2017
       DELHI TRANSPORT CORPORATION                         ..... Petitioner
                          Through        Ms.Manisha Tyagi, Adv.
                          versus

       CHET RAM                                           ..... Respondent

                          Through        Mr.Sanjoy Ghose, Adv.
       CORAM:
       HON'BLE MS. JUSTICE REKHA PALLI

       REKHA PALLI, J (ORAL)

CM No.44238/2017 (For Direction by the respondent)

1. Learned counsel for the respondent/applicant does not press the present application but prays that he may be granted liberty to rely on the decision dated 16.01.2015 of this Court in Pawan Kumar v. DTC [W.P.(C)No.4261/2013], which was upheld by the Hon'ble Supreme Court, at the time of final arguments.

2. The application stands disposed of as not pressed, with liberty as prayed for.

C.M.No.23218/2017 (u/s 17 B of the Industrial Disputes Act)

1. Vide the present application u/s 17 B of the Industrial Disputes Act, 1947, the respondent/applicant seeks a direction to the petitioner to pay him the last drawn wages/minimum wages from 21.01.2017, the date on which the impugned Award was passed, holding that the respondent's termination by the petitioner was illegal.

2. The present writ petition has been filed by the petitioner impugning the Award dated 21.01.2017 passed by the learned Labour Court no.XVIII, Karkardooma Courts, Delhi in LC.No.1344/2016, whereby the learned Labour Court has after coming to a conclusion that the respondent's termination was illegal, directed the petitioner to reinstate the respondent alongwith 50% back wages and due increments within a period of month.

3. Upon notice being issued in the present petition, this Court had directed the petitioner to deposit 50% of the backwages w.e.f. 08.12.2011 till date in the form of an FDR within a period of two weeks with the Registrar General of this Court, which amount is stated to have been duly deposited on 13.06.2017.

4. Mr.Sanjoy Ghose, learned counsel for the respondent states that the respondent has remained unemployed from the date of his termination, i.e., 09.12.2011, and has no other source of income or livelihood and is suffering from grave financial hardship on account of loss of employment. He further states that the respondent is ready and willing to rejoin his duties and work for the petitioner in accordance with the impugned Award but the petitioner/Management is adamant in not taking him back. He, thus, submits that the respondent is entitled to the payment of last drawn wages of Rs.19,942/- per month or the minimum wages as raised from time to time, whichever may be higher.

5. Though a reply to the application has been filed by the petitioner, the same contains no material averments whatsoever, except a bald denial of the respondent's averments in the application.

It is, therefore, evident that the petitioner has not been able to rebut the plea of the respondent that he is unemployed and does not have any other source of livelihood.

6. Once there is nothing before this Court to show that the respondent is gainfully employed and when the petitioner itself is not willing to re-instate the respondent despite his willingness to report for duty, I have no hesitation in holding that the respondent fulfils the pre-conditions for grant of benefit under section 17B of the Industrial Disputes Act, which recognizes a workman's right to receive his last drawn wages/minimum wages when an award directing his re- instatement is challenged by the Management.

7. For the aforesaid reasons, the application is allowed. The petitioner is directed to pay to the respondent his last drawn wages/minimum wages as revised from time to time, whichever may be higher, from the date of the impugned Award i.e. 21.01.2017. The arrears of last drawn wages or minimum wages shall be paid within eight weeks. The petitioner shall continue to pay to the respondent the last drawn/minimum wages, as directed hereinabove on or before the 7th day of every month. The respondent is directed to file an affidavit undertaking to refund the differential amount between the last drawn wages and minimum wages to the petitioner within such time as may be directed by this Court. The affidavit to the above effect shall be filed within one week.

W.P.(C) 4253/2017

1. Vide order dated 31.10.2017, learned counsel for the petitioner was granted time to file rejoinder, which has not been filed till date.

2. Today, learned counsel for the petitioner prays for and is granted six weeks' time as last opportunity to file the rejoinder.

3. At request, list on 18.07.2019.

(REKHA PALLI) JUDGE JANUARY 16, 2019 sr