RAJA RAM Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioner is aggrieved by the judgment dated 03. 1 2017 whereby the Central Administrative Tribunal (CAT) has dismissed his O. A. No. 347/2016.

(2.) A brief glance at the relevant facts of the case is considered necessary. The petitioner had joined the respondent/DTC on 03. 1977, as a Conductor. On issuance of a charge sheet to him for embezzlement of funds and after holding an inquiry against him, the services of the petitioner were terminated vide order dated 28. 10. 199 Aggrieved by the said termination order, the petitioner had raised an industrial dispute which was referred to the Industrial Tribunal. The Industrial Tribunal passed an order dated 27. 1. 2003, setting aside the petitioner's removal order and directing his reinstatement with full back wages and continuity of service. Aggrieved by the said order, the respondent/DTC approached the High Court by filing WP(C) No. 5339/2003. During the pendency of the said petition, the parties were referred to mediation and in the course of the said mediation, they arrived at a settlement that was reduced into writing, vide Settlement Agreement dated 9. 2010. Para 6 of the Settlement Agreement that encapsulates the terms and conditions of settlement between the parties is reproduced herein below for easy reference:-

(3.) The above Settlement Agreement was taken on record and vide order dated 17. 5. 2010, the respondent/DTC's writ petition was disposed of. On 12. 7. 2010, the respondent/DTC asked the petitioner to report for duty, which he did with effect from 24. 7. 2010.