MANAGEMENT OF D.T.C. Vs. BALBIR SINGH

JUDGEMENT

(1.) The grievance of the petitioner-DTC in this writ petition is against the Award dated 5th April, 2004 of the learned Labour Court whereby termination of the services of the respondent-workman for some act of misconduct allegedly committed by him in the year 1985 had been held to be illegal and consequently he was ordered to be reinstated in service with full back wages as well as continuity of service.

(2.) The relevant facts are that in the year 1985, the petitioner-Management in exercise of its powers under Clause 9(b) of the DRTA (Conditions of Appointment & Service) Regulations, 1952, which permitted termination of services of the employees simply by giving one month's notice, terminated the services of the respondent-workman vide its order dated 9th April, 1985. That order stated that respondent's services were being terminated without recording any reasons under Clause 9(b) and along with that order, he had also been tendered sum of ' 3014.10P as retrenchment compensation.

(3.) Clause 9(b) of DRTA (Conditions of Appointment & Service) Regulations, 1952, came to be challenged as un-constitutional and Hon'ble Supreme Court held it to be so vide its judgment reported as : JT 1990 (3) SC 725, "Delhi Transport Corporation Versus DTC Mazdoor Congress & Ors".