D.T.C. Vs. YAD RAM

JUDGEMENT

(1.) The challenge to the impugned Award of 22nd April, 2006 by petitioner's counsel is confined to the grant of back wages in view of order of 22nd February, 2007.

(2.) Petitioner's counsel assails the impugned Award by submitting that back wages ought not be granted as a matter of right, as respondent- workman was gainfully employed elsewhere and so, it is submitted that back wages granted ought to be suitably reduced. In support of his submissions, petitioner's counsel relies upon decision in U.P.State Brassware Corpn. Ltd. and Anr. Vs. Udai Narain Pandey (2006) 1 SCC 479 to submit that respondent is entitled to 25% of back wages only.

(3.) On the contrary, counsel for respondent-workman supports the impugned Award and relies upon Supreme Court's decision in The Life Insurance Corporation of India Vs. Sri Kalappa M.Sankad (D) Thr. LRS and Ors. 2018 (14) SCALE 103 to submit that learned Tribunal has rightly granted back wages.