DELHI TRANSPORT CORPORATION Vs. KARAN SINGH

JUDGEMENT

(1.) This is an application by the respondent no.1/workman under Section 17 B of Industrial Disputes Act, 1947 seeking direction to the petitioner management to pay the back wages.

(2.) The services of respondent no.1/workman were terminated on 16th June, 1992 by the petitioner management. The respondent no.1/workman has categorically stated that since the date of his termination, he has never been employed in any establishment for any period of time and facing great difficulty to meet both ends and is totally dependent on his family members and other relatives for his livelihood. The respondent no.1/workman submitted that he is entitled to wages at the rate last drawn by him from the date of his termination by the petitioner under section 17B of the Industrial Dispute Act.

(3.) The petitioner has filed reply to the application, denying the averments made by the respondent no.1/ workman by stating that the application under section 17B of the Industrial Dispute Act is not maintainable on the ground that no award was passed but there was an Order under section 33 (2) (b) of the I.D.Act rejecting the approval application and the said Order did not grant any reinstatement to the workman. The petitioner in support of his contention referred to the decision of the Division Bench of this Hon ble Court in Shri Sardar Singh Vs. DTC and Ors., LPA No. 361/2002. It was also submitted by the petitioner that the reliefs prayed by the respondent does not fall within the purview of the relief which can be granted under section 17B of the I.D.Act, 1947, as this section does not talks about the back wages but states only last drawn wages during the pendency of the proceedings. The petitioner denied the contention of the respondent no.1 that he is unemployed. The petitioner prayed for the leave of this Hon ble Court to make detailed submissions at the time of the arguments. An affidavit has also been filed of the Regional Manager in support of the pleas taken in the reply.