DELHI TRANSPORT CORPORATION Vs. PARMA NAND

JUDGEMENT

(1.) The respondent before us was working as a Conductor with the appellant/Delhi Transport Corporation. The charge sheet dated 13th November, 1994 was served upon the respondent for not issuing tickets to four passengers even after collecting fare from them. Pursuant to an inquiry held against the respondent, an order was passed removing him from the service of the appellant. An industrial dispute was raised by the respondent, disputing his removal from LPA No.65/2013 page 1 of 3service. The Labour Court, vide Award dated 7th October, 2004 directed reinstatement of the respondent with full back wages and other consequential benefits with continuity of service. The Award was challenged by the appellant by way of WP(C) No.23569/2005. The said petition having been dismissed by the learned Single Judge, vide impugned order dated 12th July, 2012, the appellant is before us by way of this appeal.

(2.) When this appeal came up for hearing, notice was issued only with regard to quantum of back wages. Pursuant to the notice served upon him, the respondent is present with his counsel. We have heard the learned counsel for the parties and have examined the record. After arguments, it has been agreed that the Award passed by the Labour Court may be modified to the extent that for the period during which wages under Section 17B of Industrial Disputes Act were not paid to the respondent, he would be paid 50% of the back wages, till the date he was reinstated in service. It has been further agreed that neither any further wages shall be paid to the respondent, for the period for which wages under Section 17B of Industrial Disputes Act were paid to him nor the wages paid to him under Section 17B of Industrial Disputes Act would be adjusted towards payment of back wages for the remaining period. We, therefore, dispose of this appeal with the above referred modification to the Award dated 7th October, 2004.