RAJPAL Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The challenge in this petition is to an order dated 3rd February 1999 issued by Delhi Transport Corporation ("DTC?), the Respondent herein, fixing the pay of the Petitioner in the scale of peon. The Petitioner also challenges an order dated 25th January 2006 passed by the Labour Court dismissing the Petitioner's application under Section 33C(2) of the Industrial Disputes Act, 1947 ('ID Act'). The third prayer in this writ petition is for a direction to the DTC to pay to the Petitioner the same scale of pay and allowances as was drawn by him at the time he met with an accident, as revised from time to time and also to pay the arrears of the salary for the intervening period, i.e., from the date of the accident till the date of payment at the same rate with interest.

(2.) The Petitioner was appointed as a driver in the Respondent DTC on 24th December 1978 on a regular basis. While in service the Petitioner suffered medical disability. By an order dated 5th September 1991 issued by the DTC he was declared unfit for service and prematurely retired on medical grounds under para III of Clause 10 of the DRTA (Conditions of appointment and Service) Regulations, 1952 ("DRTA Regulations"). The industrial dispute raised by the Petitioner was referred to the Labour Court. The Labour Court by an Award dated 12th December 1995 rejected the Petitioner's claim.

(3.) The Petitioner challenged the said Award by filing Writ Petition (Civil) No. 2092 of 1996 in this Court. By an order dated 23rd July 1997 this Court set aside the Award and directed the Respondent to offer the Petitioner an equivalent or lower post. If the Petitioner accepted the offer, his appointment was to be made within a period of four weeks. It was further directed that pay for the intervening period would be as per Rules.