DELHI TRANSPORT CORPORATION Vs. RAM

JUDGEMENT

(1.) The Appellant/Delhi Transport Corporation (hereinafter referred to as "DTC") has preferred these appeals under Clause X of the Letters Patent Appeal, impugning the common Judgment dtd. 19/9/2018 passed by the learned Single Judge in cross Writ Petitions bearing W.P.(C) No. 2081/2012 and W.P.(C) No.1614/2013 titled as "Sho Ram v. DTC" and "Delhi Transport Corporation v. Sho Ram" respectively, whereby the Respondent herein/workman (hereinafter referred to as "workman"). was granted full back wages, between the date of his termination i.e., 24/3/1988 till the date of his superannuation, being 31/1/2012.

(2.) The original industrial dispute pertained to the validity of the action of the DTC in terminating the services of the workman. The Industrial Tribunal, Karkardooma Courts (hereinafter referred to as "the Tribunal"), vide the award dtd. 19/12/2011, answered the reference in favour of the workman holding that the workman's termination of service was illegal and unjustifiable; but despite that, the Tribunal did not grant him any relief on the ground that the workman rejected the offer of the DTC to join duty along with 50% back wages in the year 1990. Aggrieved by the award dtd. 19/12/2011, both parties had filed writ petitions and now, after the impugned order, have emanated to present appeals before this Court.

(3.) The learned Single Judge vide the Impugned Judgment, while upholding the aspect of the illegal termination, in addition, has also held that the workman was entitled to full back wages from the date of his termination to the date of his superannuation, and thus, entitled to the retiral benefits as well.