DTC Vs. NARENDRA KUMAR

JUDGEMENT

(1.) THE challenge in the writ petition is to the award dated 2 nd June, 2008 of the Industrial Adjudicator on the following reference:-

(2.) NOTICE of the writ petition was issued and the operation of the award stayed. Counter affidavit has been filed by the respondent workman and the counsels for the parties have been heard.

(3.) ANOTHER petition being W.P.(C)7129/2008 titled DTC v. Ram Avtar Sharma preferred by the petitioner DTC against another award for 50% of the back wages was also heard and decided today. The counsel for the petitioner DTC in that case had relied upon a number of judgments but all of which also lay down that the method and nature of appointment, qualifications, length of service, availability of alternative work are the factors that have to be considered while deciding whether the workman is to be entitled to full or part back wages. The respondent workman in the present case was permanently employed with the petitioner employer as a conductor since the year 1983 and was alleged to have remained unauthorizedly absent from 1 st November, 1995 to 30th April, 1996 ( for 65 days) from his duty, was charge sheeted and his services terminated vide order dated 24th March, 1998. Considering the long employment of the respondent workman with the petitioner employer, no unreasonableness/perversity can be found in the award of 50% of back wages.