DELHI TRANSPORT CORPORATION Vs. VED PRAKASH

JUDGEMENT

(1.) This petition is directed against award dated 01.11.2011 passed by learned Presiding Officer, Labour Court-XVII, Karkardooma Courts, Delhi in LCA No.16/2009 wherein the petitioner/management was directed to pay the entire arrears of salary and allowance to the respondent/workman for the period of his suspension from 08.11.1996 to 16.09.2001(after adjusting any amount paid by it to the workman as suspension/subsistence allowance or otherwise) along with a sum of Rs.50,000/- towards the cost.

(2.) Shorn off unnecessary details, the facts of the present case are that the respondent was working with the petitioner as Assistant Fitter. He was involved in a criminal case bearing FIR No.288 dated 21.08.1995 under Sections 363, 366, 376, 120B IPC registered at PS Delhi Cantt., New Delhi and was taken into custody by police on 08.11.995 and he was charge-sheeted on 17.06.1999. He remained suspended for the period from 16.11.1995 to 16.09.2001. The departmental enquiry was conducted against the workman by the management and the disciplinary authority awarded punishment of "stoppage of next due one increment without cumulative effect" vide order dated 01.06.2000. The statutory appeal was filed by the respondent challenging the said order. Since the appeal was time barred, it was rejected. Thereafter, the respondent preferred a mercy petition which was heard and decided by the Managing Director of the petitioner. Vide order dated 13.01.2005, the punishment imposed on the respondent was reduced to that of " ensure" which was intimated to the respondent vide letter dated 19.01.2005. The respondent, thereafter, filed a petition under Section 33 C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "ID Act") for seeking recovery of dues against the petitioner. The statement of claims were filed by the respondent, written statement was filed by the petitioner and the witnesses were produced before the Labour Court.

(3.) Vide order dated 01.11.2011, award was passed by the Labour Court. Feeling aggrieved by the said award, the petitioner has filed the present petition.