PHOOL SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THIS appeal is directed against the impugned order dated 23rd January, 2008 passed by the learned Single Judge in CM Application No. 8352 of 2006 in WP(C) No. 5183 of 2003.

(2.) DTC filed Writ Petition (C) No. 5183 of 2001 in this Court challenging the award dated 7th October, 2002. Rule was issued by the learned Single Judge and the award was stayed by an order dated 4th December, 2003. Thereafter, the appellant filed an application being CM No. 11835 of 2003 under section 17 -B of the Industrial Disputes Act, 1947 ("I.D. Act"). By an order dated 25th October, the learned Single Judge disposed of the said application under section 17 -B I.D. Act by directing that the appellant would be paid the last drawn wages from the date of the award till 31st October, 2004 within a period of six weeks and that the appellant would be paid the current wages on month to month basis without default. The writ petition came to be dismissed in default on 16th February, 2005. On an application of the DTC, the writ petition was restored by an order dated 20th March, 2006 and the interim order was revived.

(3.) WE have heard learned Counsel for the parties and perused the records. We are of the view that the impugned order of the learned Single Judge cannot be sustained in law. It is well settled in Dena Bank (I) v. Kirti Kamar T. Patel, 1998 (78) FLR 45 (SC), and Dena Bank (II) v. Ghanshyam JT, 2001 (Supp I) SC 229, and as explained by the judgment of the Full Bench of this Court in Delhi Development Authority v. Smt. Omvati (decision dated 24th May, 2006 in LPA No. 84 of 2002) that under section 17 -B, I.D. Act the Court can, in its discretion, award minimum wages or the last drawn wages whichever is higher. The plea of the appellant that he should be awarded minimum wages which is higher than the last drawn wages is justified. The appellant will of course have to file an undertaking that in the event of DTC's writ petition being allowed, the difference between the last drawn wages and the minimum wages would be refunded by the appellant.