DELHI TRANSPORT CORPORATION Vs. KISHAN PAL

JUDGEMENT

(1.) THE appellant DTC impugns the order dated 10 th February, 2010 of the learned Single Judge allowing the application of the respondent workman under Section 17B of the Industrial Disputes Act, 1947 as well as the order dated 14 th February, 2012 dismissing CM No.7696/2010 preferred by the appellant DTC for modification of the earlier order dated 10th February, 2010. Notice of this appeal was issued. We have heard the counsels for the parties

(2.) THE respondent workman was working as a driver with the appellant DTC and was on 26 th June, 1991 declared medically unfit and given pre- mature retirement. The industrial dispute raised by the respondent workman was referred and the Industrial Adjudicator vide award dated 17 th November, 2002 directed reinstatement. Challenging the said award W.P.(C) No.7883/2004 was filed by the appellant DTC.

(3.) THE learned Single Judge dismissed the aforesaid application vide order dated 14th February, 2012, holding that the same was in the nature of seeking review of the earlier order dated 10 th February, 2010 and had been filed beyond the time prescribed therefor. It was further held that the remedy if any of the appellant DTC if aggrieved by the said order was by way of appeal.