DELHI TRANSPORT CORPORATION Vs. RAM AVTAR

JUDGEMENT

(1.) The Delhi Transport Corporation / the management / the petitioner herein vide the present W.P. (C) 1272/2016, has assailed the impugned Award dated 08.10.2015 of the learned Additional District & Sessions Judge, Presiding Officer, Labour Court-XIX, Karkardooma Court, Delhi in LIR/D No. 41/14 in a claim filed by the claimant / workman i.e. respondent herein Sh. Ram Avtar s/o Late Shri Chhabbu Lal before the Labour Court-XIX, Karkardooma Court, Delhi under section 2-A(2) and under Section 2A(3) of the Industrial Disputes Act, 1947 challenging the termination of his services, with a prayer for reinstatement, continuity in service, full back wages and all consequential benefits and litigation expenses on the ground that the management / the petitioner herein had illegally terminated his services,- whereby vide the impugned Award, the claim of the claimant / workman i.e. respondent herein to the present writ petition had been partially allowed and the claimant / workman i.e. respondent herein had been held entitled to the reinstatement in service, with continuity in service and all consequential benefits and also held entitled to 50% back wages from the date of the termination of his services.

(2.) Vide order dated 16.02016, the operation of the impugned Award had been stayed. The parties to the writ petition were also referred to the Lok Adalat for an amicable settlement, which however, as per the report of the Members of the Lok Adalat held on 11.02017 could not be resolved as none put in appearance on behalf of the management i.e. the appellant herein. When the matter was taken up for hearing on 06.07.2017, it was submitted on behalf of the claimant / workman i.e. the respondent herein that the claimant / workman i.e. respondent herein had since superannuated on 31.03.2016 and that his son has expired and he sought an expeditious hearing and that the relief of the reinstatement in service had already become infructuous.

(3.) The prayer was thus confined to the 50% back wages from the date of the termination i.e. 31.1.2013 till the date of the superannuation i.e. 31.02016.