JAGDISH CHANDER Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) This petition is directed against the order dated 17th November, 2015 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (,,CAT) dismissing the Petitioners OA No. 1271/2012. The petition also challenges the order dated 4th September, 2017 passed by the CAT, dismissing the Petitioners Review Application being RA No. 39/2016, against the above order dated 17th November, 2015 in his OA.

(2.) The background facts are that the Petitioner was appointed as a Conductor with the Respondent/Delhi Transport Corporation (,,DTC) in 1994. On 13 th December, 1986, the Petitioner submitted an application to DTC requesting for leave, citing medical grounds, with effect from 15 th December, 1986. The DTC sanctioned leave to him till 24th December, 1986. However, on account of his persisting illness, the Petitioner could not join back on the aforesaid date. He first submitted an application for extension of leave till 31 st December, 1986; a second time, for extension till 15th February, 1987; and a third time, for extension till 7th May, 1987. Each of these applications was accompanied by medical certificates attesting to his continued ill health.

(3.) The DTC sanctioned and regularized leave to the Petitioner till 6 th May, 1987. By an order dated 6th May, 1987, however, the Petitioner was deemed to have resigned from service. The Petitioner raised an industrial dispute against the aforesaid order of deemed resignation, challenging the action of DTC as not adhering with Section 25-F of the Industrial Disputes Act, 1947 (,,ID Act).