DELHI TRANSPORT CORPORATION Vs. GURUCHARAN SINGH

JUDGEMENT

(1.) The present writ petition filed by the Delhi Transport Corporation assails the order dated 30.04.2016 passed by the learned Labour Court-XVII, Karkardooma Courts, Delhi whereunder the two applications filed by the respondent under Section 33C (2) of the Industrial Disputes Act, 1947 being LCA Nos. 121/16 and 861/16 were allowed. Under the impugned order, the Labour Court after holding that the respondent was entitled to receive a sum of Rs.15,37,979/- toward his unpaid wages and had already received a sum of Rs.10,07,660/-, has directed the petitioner to pay him the differential sum of Rs.5,30,319/- along with interest @ 9% per annum.

(2.) The brief facts as emerge from the record are that the respondent who was working as a Driver with the petitioner since 30.08.1982 was terminated from service on 27.08.1983 on account of his involvement in a road accident. Aggrieved by his termination, the respondent raised an industrial dispute which came to be decided in this favour vide award dated 10.08.1994. Under the said award, the petitioner was directed to reinstate the respondent with continuity of service and with 30% backwages for the period between the date of reference i.e. 02.03.1989 and the date of his reinstatement. Being aggrieved by the said award, the petitioner approached this Court by way of a writ petition being W.P.(C) No.1722/1998, which came to be rejected on 24.09.2004, whereafter the petitioner unsuccessfully challenged the same by way of LPA No.448/2005. After the dismissal of the aforesaid LPA on 21.02.2005, the petitioner issued a letter dated 15.04.2005 directing the respondent to rejoin service. Despite receiving the joining letter, the respondent, rejoined service only on 13.09.2005.

(3.) Since the respondent was not paid wages even after his reinstatement in the petitioner/corporation where he was continued to serve till his superannuation on 06.03.2008, the respondent in the year 2006 filed LCA No. 121/2016 claiming 30% of the backwages for the period between 02.03.1989 to 10.08.1994 and subsequently in the year 2008 filed LCA No. 861/2016 claiming full backwages for the period between 11.08.1994 to 06.03.2008. Both the aforesaid LCAs have been allowed under the impugned order, in the following terms:-