DELHI TRANSPORT CORPORTION Vs. RANBIR SINNGH

JUDGEMENT

(1.) The petitioner/Delhi Transport Corporation has approached this Court assailing the award dtd. 4/7/2016 passed by the learned Labour Court. Vide the impugned award, the learned Labour Court, after agreeing with the petitioner/management that the respondent was guilty of remaining unauthorisedly absent from duty, has, by exercising its power under Sec. 11A of the Industrial Disputes Act, 1947 (the Act), modified the penalty of termination of his services as imposed on him, vide order dtd. 20/5/2009, to that of retirement. The learned Labour Court had accordingly, directed the petitioner to release the retiral and all other consequential benefits including pension to the respondent within a period of one month from the date of the order, failing which, the same were directed to be paid with interest @ 9% per annum.

(2.) This Court, while issuing notice in the present petition, had stayed the operation of the impugned award subject to deposit of 50% of the arrears payable under the impugned award. Consequently, the petitioner had deposited a sum of Rs.3,09,808.00 towards the arrears payable to the respondent for the period between 21/5/2009 to 30/9/2017.

(3.) The brief factual matrix as emerging from the record shows that the respondent had joined the services of the petitioner in the year 1984. In September 2007, when the respondent went to his native village, Kami, P.O. Tharu Udlepur, District Sonipat, Haryana on account of demise of his mother, he did not return back to join duty and continued to remain on leave till 3/9/2008.