JASWANT SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 04.08.2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in T.A. No. 834/2009.

(2.) THE whole case revolves around the claim towards gratuity, CP fund, bonus for 2004-05 and bonus for 2005-06. According to the learned counsel for the respondent there are also amounts recoverable from the petitioner on account of the gratuity paid on pre mature retirement, the NRA loan availed, the compensation paid for the pre mature retirement and excess payment of pension to the petitioner.

(3.) INSOFAR as the back wages are concerned, the learned counsel for the respondent submitted that 'The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came into effect on 01.01.1996 and therefore section 47 of the said Act could take effect only from that date. In terms of Section 47 it is made clear that no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service. Thus, had this act been in force prior to 1992, the petitioner could not have been pre maturely retired. However, since this Act was not in force at that point of time, the petitioner's pre mature retirement would have to be upheld and, indeed, it has to be upheld because the matter has travelled up to the Supreme Court and the Supreme Court also did not interfere with the same but required the respondent to pay compensation therefor. However, with effect from 01.01.1996, the act having come into force, section 47 would naturally apply therefore as of 1996 the services of the petitioner could not have been pre-maturely terminated on account his acquiring his disability during the period of his service. Consequently, we feel that it would be appropriate, keeping in view the salutary provision of the said Act and the fact that the petitioner is a handicapped person and that the handicap was acquired during the tenure of his service, that he should be paid back wages but, with effect from 01.01.1996 till the date of his reinstatement i.e., 21.11.2002.