LAWS(DLH)-2008-9-338

KRISHAN CHANDER Vs. DELHI TRANSPORT CORPORATION

Decided On September 11, 2008
KRISHAN CHANDER Appellant
V/S
DELHI TRANSPORT CORPORATION Respondents

JUDGEMENT

(1.) The present petition seeks review of order dated 11th October, 2004 in view of the judgment of the Constitution Bench of Supreme Court in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. vs. Ram Gopal Sharma and Others, reported as (2002) 2 SCC 244.

(2.) By the judgment and order dated 11th October, 2004 this Court disposed of two writ petitions being Writ Petition (Civil) No. 3379 of 2003 and Writ Petition (Civil) No. 5712 of 2003 filed by the workman and the Delhi Transport Corporation (for short "Corporation") respectively. The writ petition filed by the workman prayed for issuance of an appropriate writ/direction to the respondent to grant him reinstatement with consequential benefits after rejection of the application filed by the Corporation under Section 33(2)(b) of the Industrial Disputes Act, 1947 vide order dated 23rd October, 2002. The other petition filed by the Delhi Transport Corporation challenged the correctness of the order passed by the learned Industrial Tribunal dated 23rd October, 2002.

(3.) Before addressing the rival contentions of the parties it will be relevant to adumbrate the facts giving rise to the present application: