DTC Vs. RAJ PAL

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner (DTC) challenging the Award dated 1st October, 2004 of the Labour Court whereby the removal of the respondent, who was employed with it as a driver, from its service had been held to be illegal, unjustified and his re-instatement with full back wages was ordered subject to his being found medically fit for the post of driver otherwise he was to be given some other light duty. An industrial dispute was raised by the workman (respondent herein) against the termination of his services by the management of DTC which was referred vide order dated 11-12-1992, by the appropriate Government to the Labour Court for adjudication with the following term of reference:

(2.) The statement of claim was filed on behalf of the workman on 01-02-1993 wherein it was claimed that he was appointed as a Driver-cum-Filter on 9-9-1975 and was confirmed on 27-12-76. He met with an accident on 03-12-1990 and so he became unfit to be a driver and he was given light duty from 16-4-91 to 18-2-92. On 19-2-92 he was orally told by the Depot Manager that his services were no more required and in that way he claimed that his services stood terminated abruptly, illegally and unjustifiably.

(3.) The management of DTC filed its written statement admitting that he was a confirmed employee of the DTC and was appointed as a driver on 23-5-77 and that he had met with an accident and so he was given light duty which he did till 18-2-92 and when he was asked to go for his fresh medical examination he failed to do that nor did he report for duty thereafter. It was further pleaded that he was not stopped from resuming his duties by the Depot Manager as was being claimed by him.