DELHI TRANSPORT CORPORATION Vs. RAM KUMAR

JUDGEMENT

(1.) THIS appeal is against an order of the learned Single Judge dated 12.11.2013, whereby the award dated 23.9.2003 passed by the Labour Court in ID No. 87/1993 was upheld; the latter had directed grant of full back wages to the respondent/workman. The appellant contends that there could be no such entitlement for the period the workman was out of service.

(2.) THE facts of the case are that on the basis of a newspaper report regarding misbehaviour with a college going female student by a DTC driver and a conductor, the appellant had initiated action against the respondent/driver and the conductor of the bus. These two were identified on the basis of schedule of various buses plying on the route concerned. The appellant's complaint was registered and both were arrested. However, after the test identification, they were let off because the aggrieved female student concerned failed to identify them in the first Test Identification Parade (TIP) . In the subsequent TIP, she did not participate. Subsequently, the respondent/driver and the conductor were discharged on account of insufficiency of evidence.

(3.) WE have heard the learned counsel for the parties.