ISHWAR SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioner has challenged the award of the Labour Court dated the 28th of January, 1994 in so far as the Labour Court did not give the relief of back wages to the petitioner for the period of six years four months and eight days.

(2.) It is the case of the petitioner that his services were dispensed with on the 27th of May, 1988. The award of the Labour Court reinstating the petitioner was given on the 28th of January, 1994. He was allowed to report for duty on the 5th of September, 1994. Therefore, according to the petitioner, he is entitled to back wages for the period from 27.5.1988 to 4.9.1994 i.e. 6 years 4 months and 8 days.

(3.) The learned counsel for the petitioner, Ms.Sunita Harish, submitted that the Management, DTC passed the order of removal. The Labour Court, in its award, had modified the punishment from removal to stoppage of two increments. The Labour Court declined to grant him the relief of back wages on the ground that the petitioner had not shown that he had not been able to secure any employment from the date of his removal i.e. 27.5.1988 till the matter was heard by the Labour Court. The Labour Court has observed:-