DTC Vs. RAM AVTAR SHARMA

JUDGEMENT

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

(2.) NOTICE of the writ petition was issued and the implementation of the award stayed. The pleadings have been completed and the counsels for the parties have been heard.

(3.) THE counsel for the petitioner employer has next contended that the award for back wages cannot be automatic; that the burden is on the respondent workman and since the period between the dismissal of the workman and the award directing the reinstatement is of nearly 13 years, the respondent workman ought not to be allowed even 50% of the back wages. Reliance in this regard is placed on:-