AZAD SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioners had challenged the order dated 9th November, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in TA No. 1254/09 and 1255/09 titled Azad Singh & Ors. Vs. DTC (TA No. 1255/09) and Om Praksah Conductor Vs. DTC (TA No. 1254/09) declining their prayers to fix their basic pay at the same stage at which the basic pay of their contemporary colleagues were fixed as the petitioners had continued in service without any break and a direction to the respondent to pay arrears of salary from the date of their re-instatement till payment with interest after fixing their basic pay and other benefits.

(2.) On account of continued absence, the services of the petitioners were discontinued. Aggrieved by the discontinuance of their services, they had raised industrial dispute and awards were passed in their favor. Under the award, which was in their favor, they were re-instated with part of back wages.

(3.) The awards were challenged before the High Court, however, they were upheld with some modification. The special leave petitions were also filed in the Supreme Court where it was ordered that the petitioners be re-instated without their laying any claim for back wages. In the Supreme Court while re- instating the petitioners, it had been clarified that during the period they were out of employment, though that period had to be taken into account for the purpose of continuity of pensioner benefits but as far as the arrears for the period were concerned when they were absent, no specific order was passed. The petitioners were given a time limit of three weeks for joining the duties.