MAHABIR PRASAD Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India questions an order dated 23.03.2012 of the Central Administrative Tribunal (hereafter 'the Tribunal') in O.A. No.3579/2011 and the order dated 12.05.2011 of the Delhi Transport Corporation (hereafter 'DTC') to the extent that it denies the petitioner notional fixation of pay and increments and counts the period out of employment as not being in service, for the purposes of pension and terminal benefits. The question requiring decision is whether an employee reinstated to his position is entitled to benefits of notional pay fixation, increments etc. and also additionally, if his services are to be counted for the purpose of pension and terminal benefits for the intervening period (between the date of termination order and the date of reinstatement).

(2.) The facts are that the petitioner is an employee of the DTC. He was removed from service by an order dated 19.01.1995 on allegations of misconduct. Aggrieved, he raised an industrial dispute, which led to the Labour Court, by its Award dated 02.08.2010, setting aside the enquiry proceedings as well as the removal order. The DTC was directed to reinstate the petitioner with continuity of service but without back wages.

(3.) The respondent DTC, issued a letter/order dated 12.05.2011 reinstating the petitioner without back wages. The order at the same time denied him the benefits of notional pay fixation, promotion, ACP, and increments. It also stated that the services of the petitioner were not to be counted for the purposes of pension and terminal benefits for the intervening period. Further, the pay of the petitioner was fixed in terms of the last pay drawn when his services were terminated. The petitioner joined the services upon receiving the said letter which withheld the pension and terminal benefits etc.