D T C Vs. KISHAN LAL (MASON)

JUDGEMENT

(1.) Kishan Lal, the respondent before this Court in the present proceedings, was appointed, as a mason, with the petitionerCorporation (hereinafter referred to as "the DTC"), on 22nd November, 1983, on daily wages @ Rs. 52.50 per day, payable monthly. Petitioner and respondent are ad idem that the respondent continued to work, for the petitioner, as mason, with what the petitioner terms "usual break in his service as per rules", till 3rd February, 1993, on which date his services were verbally terminated. This led the respondent to initiate an industrial dispute, which culminated in the passing, by the learned Labour Court, of the impugned Award, dated 18th September, 2003, which held the termination of the services of the respondent to be unjustifiable and illegal and, as a sequitur to the said finding, directed reinstatement of the respondent "with continuity of service, with full back wages from the date of his alleged termination".

(2.) The present writ petition, by the DTC, is directed thereagainst. It merits mention that, consequent on the passing of the impugned Award by the Learned Labour Court, the petitioner reinstated the respondent in service, albeit on daily wages of Rs. 110.10 per day, vide order dated 20th July, 2005, even while challenging the said Award before this Court. The said order of reinstatement, therefore, states that the respondent's "case for back wages and other consequential benefits will be decided as per the decision of the Hon'ble Court of law".

(3.) Notice was issued, in the present case, on 2nd September, 2005. While doing so, this Court stayed the effect and operation of the impugned Award, subject to deposit, by the petitioner in this Court, of 50% of the back wages awarded by the learned Labour Court, to be retained in a fixed deposit renewable from time to time. The petitioner was also directed to deposit a sum of Rs. 7500/- , in this Court, towards litigation expenses of the respondent, which amount was to be released, in favour of the respondent, as and when he entered appearance, irrespective of the outcome of the writ petition. Consequent on the respondent entering appearance, release, of the said amount of Rs. 7500/- , in his favour, was directed, vide subsequent order dated 7th December, 2005.