D.T.C. Vs. PRITAM LAL THROUGH LRS

JUDGEMENT

(1.) Both these petitions W.P.(C) 8448/2007 and W.P.(C) 8469/2007 relate to claim of the workman, i.e. Sh. Pritam Lal (since deceased and now represented by his legal heirs) in relation to I.D. No. 186/1995, upheld vide Award dated 09.06.1998, and implementation that of LCA No. 78/2000, disposed of vide order dated 28.02.2006, and thus both these petitions W.P.(C) 8448/2007 and W.P.(C) 8469/2007 are taken up together for the judgment.

(2.) Submissions made on behalf of either side.

(3.) Vide the petition, the petitioner assails the impugned order dated 28.02.2006 of the learned Presiding Officer, Labour Court No. VII, Delhi in LCA No. 78/2000 whereby the application under Section 33 C (2) of the Industrial Disputes Act, 1947 filed by the workman i.e. the respondent herein now succeeded by his legal heirs as per the amended memo of the parties on record, who were brought on record in terms of the order dated 12.02.2013, vide which the workman i.e. the respondent herein since deceased had claimed that an Award dated 09.06.1998 had been passed in his favour in I.D. No. 186/2005 titled as Pritam Lal v. Management DTC but despite repeated applications to the management, he had not been paid his back wages w.e.f. 01.01.1999 till 31.08.2000 and that he claims that his back wages as given in the annexure with the application amounting to Rs. 2,85,676/- be directed to be paid by the management. The management had contested the application and had filed its written statement contending that the workman was not entitled to any amount and that the award had been duly complied with and the full and final payment had been made to him on 12.10.1989 and it was contended that the workman was not entitled to wages after 01.01.1999 and that the workman had already taken the amount.