DELHI TRANSPORT CORPORATION Vs. RAM SARAN

JUDGEMENT

(1.) THIS Intra -Court appeal impugns the order dated 13 th July, 2011 of the learned Single Judge dismissing in limine W.P.(C) No.4838/2011 preferred by the appellant DTC impugning the order dated 15 th July, 2009 and an award dated 7th April, 2010 of the Industrial Adjudicator directing the appellant DTC to reinstate the respondent workman without any back wages but with Rs.75,000/ - as litigation expenses. On the arguments of the counsel for the appellant DTC that the respondent workman earlier employed as a conductor had been out of service for almost 20 years and that in these circumstances relief of reinstatement should not have been allowed and instead lump -sum compensation would have met the ends of justice, notice of the appeal was issued and the impugned award stayed. Though the respondent workman has also made an application under Section 17B of the Industrial Disputes Act, 1947 but with the consent of the counsels the appeal has been finally heard.

(2.) THE respondent workman joined the employment of the appellant DTC as a conductor w.e.f. 13 th April, 1985. He was charged for having on 1st December, 1992 allowed four passengers to travel from Delhi to Bulandshahar without issuing tickets. Inquiry was held and the order dated

(3.) THE learned Single Judge refused to entertain the writ petition observing that the appellant DTC had already reinstated the respondent workman and the objection urged was only to the legal cost of Rs.75,000/ -.