SHISH RAM Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) At the outset, we may record that the original appellant has already expired and was substituted by his legal heirs. The appeal is presently sought to be prosecuted by the legal heirs of the deceased-appellant. We are informed by the learned counsel for the appellant that legal heirs now comprise only of children of the appellant which includes three sons and three daughters of age varying between 27 to 45 years; the wife having also passed away in the meanwhile. The male legal heirs are gainfully employed; though without substantial income. Keeping in mind these factors we had called upon the respondent to ascertain whether they would be willing to settle the matter by giving some compensation to the legal heirs purely on compassionate grounds. We must record that the respondent had come up with a figure, which the legal heirs were not willing to accept. In these circumstances, we are left with no alternative but to decide the matter on merits.

(2.) The captioned appeal has been preferred against the judgment of the learned Single Judge dated 21.12.2001 passed in Civil Writ Petition NO. 6288/1999 and Civil Writ Petition No. 7335/2000. The first writ petition was filed by the delinquent employee, while the second writ petition was filed by the employer, i.e., Delhi Transport Corporation (hereinafter referred to as the 'DTC').

(3.) The captioned appeal has been filed in the background of the following facts: The appellant, i.e., the delinquent employee was employed as a conductor with the DTC. His employment commenced in the year 1967. Over the years the appellant committed several transgressions whereby from time to time he was awarded some punishment or the other. This aspect is important as this was one of the allegation leveled in the chargesheet, which is the subject matter of the present proceedings.