DELHI TRANSPORT CORPORATION Vs. RAJ PAL

JUDGEMENT

(1.) The respondent/workman was employed with DTC as a driver. Alleging his termination on 19th February, 1992, he raised an industrial dispute which was referred for adjudication to the Labour Court by the Govt of NCT of Delhi vide reference No. F/24(4219)/92-LAB/99912-17 dated 11th December, 1992 with following terms of reference:-

(2.) Thereafter the claim was filed by the workman alleging, inter alia, that he was appointed by the management as driver-cum-fitter w.e.f. 9th September, 1975. On 3rd December, 1990, he met with an accident. The Medical Board of the management advised him light duty and as per the advice, he was given the job of clerk in the store of Gazipur Depot by the management. Since 16th April, 1991 to 18th February, 1992, he was working on the same post. On 19th February, 1992, when he went to resume his duty, he was not allowed to do so and was informed by the Depot Manager that his services were no longer required. He filed a complaint in this regard through his Union before the Labour Department on 20th February, 1992. Conciliation proceedings were started which, however, failed. It was alleged that prior to removal from service, the management did not comply with the provisions of Industrial Disputes Act. The workman sought reinstatement on light duty with continuity of service and full back wages.

(3.) The claim was contested by the petitioner/management, inter alia, on the ground that after the workman met with an accident, he was recommended same light duty by the hospital authorities, as such, he was given light duty. The workman requested on 19th February, 1992 for a light duty on an application. As such, he was asked to report to the Medical Board for medical check-up on 19th February, 1992 but he declined to receive the letter and did not report to the Medical Board. There was no termination of his services on 19th February, 1992.