NORTH DELHI POWER LTD Vs. NATHU RAM

JUDGEMENT

(1.) This appeal is directed against the order dated 14th August, 2007 passed by the learned Single Judge disposing the writ petition with certain directions as contained in the order. The petitioner-respondent no.1 was an employee of the appellant herein. Prior to disbundling he was an employee of erstwhile Delhi Vidyut Board (DVB) as a Senior Lineman. The respondent no.1 herein is to be paid wages w.e.f. 1st April, 1994 onwards and other benefits also. The learned Single Judge has referred to the statement of the counsel appearing for the appellant-NDPL, who had vide Office order No.NDPL/03- 04/HR/36/1376 dated 10.11.2003 declared that the respondent no.1 shall be given Third Time Bound Promotion in the pay scale of Rs.5500-8650 w.e.f. 1st April, 1994. It was observed by the learned Single Judge that the North Delhi Power Corporation Ltd. (NDPL) shall be bound by the said office order dated 10.11.2003. In view of the Third Time Bound Promotion, Respondent no.1 is entitled to the following amounts :-

(2.) We have heard the counsel appearing for the appellant and gone through the records. There cannot be any dispute with regard to the fact that the respondent No.1 is entitled to payment of his dues. The only issue that is being raised is with regard to the liability of payment of the said amount, i.e., whether the said dues/payment shall be made by the North Delhi Power Corporation Ltd. (NDPL) or the Delhi Power Co. Ltd. Considering the facts and circumstances of the case, we are of the opinion that so far as the respondent No.1 is concerned, there is no dispute with regard to the fact that he is entitled to payment of the aforesaid dues which must be paid to him. The source of the dues could be either the North Delhi Power Corporation Ltd. (NDPL) i.e., the appellant herein or the Delhi Power Co. Ltd. The same is a matter which could be sorted out at their level but the respondent No.1 cannot suffer because of inter se dispute between them. The aforesaid order is also being passed in terms of the decision of the Division Bench of this Court in Govt. of NCT vs. K.R. Jain and Ors. 2006 IV AD(DHC) 529, the ratio of which is mentioned in the order dated 14th August, 2007. The said decision has been followed in a number of other cases as mentioned in the order of the learned Single Judge.

(3.) The appeal stands disposed of in terms of the aforesaid order.