DELHI TRANSPORT CORPORATION Vs. PHOOL SINGH

JUDGEMENT

(1.) The application of the respondent workman for appropriate directions to the petitioner DTC is for consideration.

(2.) This writ petition has been preferred by the petitioner DTC challenging the award dated 7th October, 2002 of the Labour Court, finding the removal of the respondent workman from service by the petitioner DTC to be illegal and directing reinstatement of the respondent workman with 75% back wages. The respondent workman at the time of termination of his employment was working as a conductor with the petitioner DTC.

(3.) This Court vide ex parte order dated 18th August, 2003, while issuing notice of the petition stayed the operation of the award aforesaid. The said order has been confirmed till the disposal of the writ petition and rule has been ordered in the writ petition. The respondent workman in or about the year 2003 applied under Section 17B of the I.D. Act. This Court vide order dated 25th October, 2004 directed payment at the rate of last drawn wages, from the date of the award and till the pendency of the writ petition. In appeal preferred by the respondent workman being LPA 189/2008, vide order dated 7th November, 2008 the order under Section 17B of the Act was modified and payment was directed to be made at the rate of minimum wages instead of last drawn wages and subject to the undertaking of the respondent workman to, in the event of the writ petition being allowed, refund the difference between the last drawn wages and the minimum wages.