DELHI TRANSPORT CORPORATION Vs. ANAND PAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned Single Judge dated 17.1.2006 dismissing the appellant's applications CMs 10642- 43/2004 seeking condonation of the delay in filing the application for restoration of Writ Petition (C) 6460/1998 and consequently the restoration application.

(2.) The facts, in brief, are that the respondent was appointed in the appellant-corporation as Driver-cum-Additional Fitter on probation with effect from 1.8.1975. He was subsequently confirmed in his post on 16.5.1980. It is stated that the respondent's absence from duty with effect from 10.7.1989 to 7.10.1989 was commuted as extraordinary leave without pay by invoking clause 14 (10) (c) of the Delhi Road Transportation Authority (Condition of Employment and Service) Regulations, 1952 (for short 'Regulations'). The appellant issued a show cause notice to the respondent requiring him to explain he should not be declared as deemed to have resigned with effect from 7.10.1989 in terms of the said regulations. Ultimately, by an order dated 6.12.1989 the appellant declared the respondent as deemed to have resigned from his appointment with effect from 7.10.1989.

(3.) The ensuing industrial dispute resulted in an award dated 9.3.1996 of the Labour Court declaring the termination of the respondent to be illegal and ordering his reinstatement with full back wages. It appears that thereafter the appellant (DTC) filed a writ petition being WP(C) 6460/1998 in this Court on 11.12.1998 questioning the award, more than two years and six months after the date of award. It appears that on 13.9.1999, a learned Single Judge stayed the operation of the impugned award till further orders. The said writ petition was listed before the learned Single Judge on 10.9.2002. Since no one was present on behalf of the petitioner, the writ petition was dismissed for non- prosecution. The application for restoration of the writ petition being CM NO 1010642/2002 was filed on 27.8.2004 Thereafter on 17.1.2006 by the impugned order, the learned Single Judge dismissed the application for restoration.