DELHI TRANSPORT CORPORATION Vs. VIJAY SINGH

JUDGEMENT

(1.) This is an application by the respondent/applicant under Section 17 B of the Industrial Disputes Act, 1947 seeking direction to the petitioner management to pay the last drawn wages or the minimum wages whichever is higher during the pendency of the present writ petition.

(2.) The applicant has contended that the petitioner has challenged the order dated 25th July, 2002 passed by Industrial Tribunal II, Delhi, rejecting the application of the management seeking approval under Section 33 (2)(b) of the Act.

(3.) The operation of the order impugned by the petitioner was stayed by order dated 6th July, 2005 and consequently the applicant is not liable to be reinstated. The applicant contended that he is out of job since his dismissal from the services on 14th July 1993 and has not been employed in any establishment ever since and he has no means of livelihood. The applicant contended that he was getting Rs.2,100/- at the time of his dismissal and presently a Conductor of DTC gets Rs.10,000/- as salary. The application is contested by the petitioner/non-applicant contending that the respondent has not come with clean hands and he has suppressed the material facts that he is working and earning his livelihood. The non-applicant/petitioner has denied that the workman is out of job since his removal from the service on 14th July, 1993 and has not been employed in any establishment ever since and has no means of livelihood. The averment of the applicant that respondent is entitled for last drawn full monthly wages is also denied.