RAM KISHAN Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioner was appointed as driver with the respondent on 3/11/1982. The petitioner was indisposed and therefore he took leave for certain days between the period February 1989 to May, 1989. The respondent without holding an inquiry and without issuing any charge sheet, ordered on 3/5/1989 that the petitioner was deemed to have resigned from the service. The petitioner called into question the said judgment. Vide award dated 31/5/1999, the Labour Court answered the reference in favour of the petitioner and ordered his reinstatement with 50% back wages. The petitioner got recovered the arrears of salary in the sum of Rs.2,29,426.00 from the date of removal till the date of award through the recovery officer. The Delhi Transport Corporation challenged the order before Delhi High Court.

(2.) The Hon'ble Single Judge of this Court vide its common order dated 29/10/2001 dismissed the writ petitions and upheld the awards of the Labour Court. The Division Bench also dismissed all the LPAs on 7/5/2002. The DTC challenged the order before the apex court. The apex court vide its order dated 25/4/2006 was pleased to dispose of all the matters. The relevant portion of the judgment of the apex court runs as follows:

(3.) I have heard the counsel for the parties. The learned counsel for the parties argued that it is for the court to interpret the order passed by the Hon'ble Supreme Court. In support of his case, petitioner has submitted an order passed by the Division Bench of this court dated 17.08.2006 titled Ram Dutt v. D.T.C. and Anr. LPA 156/2001, in which it was held :-