DELHI TRANSPORT CORPORATION Vs. VIJAY SINGH

JUDGEMENT

(1.) NONE appears for the petitioner inspite of the matter having been kept pending for sufficiently long time. Considering that the petition is of the year 1998 and the Chief Justice of India has at the beginning of the year announced that all matters pending for over of five years be disposed of by the end of this year, it is not deemed expedient to await the petitioner any further. The counsel for the respondent workman has been heard and with his assistance, the records have been perused.

(2.) THE petition impugns the ex parte award dated 08.08.1996 of the Industrial Adjudicator on the following reference:

(3.) THE counsel for the respondent workman does not dispute the 128 days absence as aforesaid of the respondent workman. His contention however is that the requisite leave applications of the entire said period were submitted. He further contends that admittedly no inquiry has been held and the provisions of Section 25-F should be complied with qua temporary employees also. Moreover, he states that, in implementation of the award, the respondent workman has been working as a Driver of the petitioner DTC since 1998 and has been getting regular wages though as an appointee with effect from the year 1998 and without giving any benefit of employment since the year 1990. He further fairly states that the respondent workman, during the conciliation proceedings had agreed to waive off the back wages and is agreeable to the same even today. The only relief sought is that the emoluments of the respondent workman with effect from re- joining in the year 1998 be computed giving benefits of employment since the year 1990 and the said period of about six years be also counted in computing the retiral benefits of the respondent workman inasmuch as it is stated that he is due to retire on 31.10.2012.