DELHI TRANSPORT CORPORATION Vs. CHANDER SINGH

JUDGEMENT

(1.) BY this petition filed under Article 226 and 227 of the Constitution of India the petitioner seeks directions for quashing of order dated 12.5.2000 passed by the Labour Court, whereby the application of the petitioner management under Section 33(2) (b) of the I.D. Act seeking approval was dismissed.

(2.) BRIEF facts relevant for deciding the present petition are that the respondent workman joined the petitioner management on 14.5.83 and was dismissed vide order dated 6.6.94 on the grounds of misconduct after conducting an enquiry. Pursuant to the order of the removal, an approval application was filed under Section 33(2) (b) of the I.D. Act and the learned Labour court vide order dated 12.5.2000 dismissed the said application filed by the petitioner DTC and the respondent workman was reinstated on 17.7.2002. Thereafter, the respondent filed a writ petition bearing W.P.(C) No. 623/2006 seeking directions for grant of full back wages for the period for which he was out of service whereby the court ordered the grant of full back wages to the respondent workman vide order dated 29.11.2005. Then the management petitioner filed an appeal bearing LPA No. 228/2007 where the Honble Division Bench granted liberty to the petitioner management to withdraw the appeal and take recourse to the appropriate remedy.

(3.) COUNSEL for the petitioner contended that the said order of the Labour court was earlier not challenged by the petitioner as the respondent workman had earlier agreed not to claim back wages in the court of law. Hence, due to the said representation made by the respondent, the petitioner did not choose to challenge the said order dated 12.5.2000.