D.T.C. Vs. BALWAN SINGH & ORS.

JUDGEMENT

(1.) This appeal is preferred by the employer-Delhi Transport Corporation (in short 'the DTC') against some employees who were permitted to retire under Voluntary Retirement Scheme (in short 'the VRS')and involves a simple question as to whether for the purposes of pension their qualifying service of ten years will include the period in which they were treated to be on leave without pay.

(2.) The contention on behalf of the appellant is that the period of leave without pay must be treated in law to be equivalent to unauthorised absence from duty and hence not countable towards qualifying service. In the impugned judgment of Delhi High Court rendered on 13th Oct., 2011 reliance has been placed upon several judgments of the High Court wherein a categorical view was taken that unless the employee is given a notice by entry into the service book or otherwise that he is guilty of unauthorised absence, the period of absence accepted as leave without pay cannot be treated as unauthorised absence and cannot be excluded from the qualifying service for want of notice to the employee directly or indirectly conveying that such period of absence will dis-entitle him to any benefits like pension etc. beyond the salary.

(3.) On behalf of the appellant reliance has been placed upon a judgment of this Court in the case of DTC Vs. Lillu Ram which was rendered on 14th Dec., 2011 passed in C.A. No. 11440 of 2011 .