DELHI TRANSPORT CORPORATION Vs. SARJEEVAN KUMAR

JUDGEMENT

(1.) This intra Court appeal is preferred by Delhi Transport Corporation (hereinafter referred to as "the management?) being aggrieved by the order dismissing the writ petition filed by it questioning the award made by the Industrial Tribunal (hereinafter referred to as "the Tribunal?) reinstating the respondent-workman (hereinafter referred to as "the workman?) with full backwages.

(2.) The short question that arises in the appeal is as to whether the workman would be entitled to full backwages on reinstatement as per the award. The facts leading to the above question are as follows:-

(3.) The workman was employed with the management of Delhi Transport Corporation on 24.01.1981 as Assistant Blacksmith. He was posted in a section for repair of clutch plates during the year 1984. As carbon was being used in that section, it emanated fumes and gases which adversely affected the lungs of the workman and he developed tuberculosis during the year 1990. He had to undergo treatment for a long time and for that reasons he availed 82 days of leave. On the ground that the workman remained absent without permission, an inquiry was conducted and he was removed from service vide order dated 22.05.1993.