DELHI TRANSPORT CORPORATION Vs. SITA DEVI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 15.05.2009 which has endorsed the findings of the trial Judge dated 27.03.2008 whereby the suit filed by the plaintiff<RP> Sita Devi</RP> seeking a declaration (to the effect that the amounts as noted in the plaint have been illegally withheld by the defendant) had been decreed.

(2.) THE plaintiff is the widow of Ram Kishan. Ram Kishan was employed as a driver with the defendant; his services had been terminated on 26.03.1988. This order was the subject matter of challenge; on 18.04.1998 his termination order was set aside by the Industrial Tribunal. On 26.08.1996, Ram Kishan had died. The defendant/DTC had filed a writ petition challenging the award of the Industrial Tribunal; it was dismissed on 30.01.2006; the department had been directed to pay compensation and arrears with interest to the plaintiff. The appeal filed before the Division Bench had also been dismissed. The defendant had paid a sum of Rs.2,13,780.00 to the plaintiff; a sum of Rs.1,51,241.00 had been illegally retained by the defendant. Pursuant to an application under the Right to Information Act filed by the plaintiff, the following information was received; it had been noted that the following deductions had been made on the following counts:- (1) Rs.1,31,241.00 as employers share with interest. (2) PF Rs.20,000.00 detained.

(3.) IN the written statement, in para 7 the breakup of the deducted amount was given as given hereinbelow:-