D.T.C. Vs. ISHWAR SINGH AND ORS.

JUDGEMENT

(1.) C.M. No. 15445/2008.

(2.) THIS is an application by the respondent -workman for recall of the order dated 14th August, 2007 disposing of the Letters Patent Appeal on the basis of compromise recorded before the Mediation and Conciliation Centre. It is alleged in the application that the respondent -workman was pressurized to accept settlement by the learned Mediator, who is an advocate on the panel of the Delhi Transport Corporation. The settlement agreement dated 7th May, 2007 is questioned.

(3.) PURSUANT to the settlement agreement, the respondent was reinstated as a conductor with effect from 9th May, 2007 but with the respondent -workman giving up his claim for back wages except the amount paid to him under Section 17B of the Industrial Disputes Act. In other words, the appellant -DTC had given up their challenge to the award directing reinstatement of the workman and the respondent -workman had given up his claim to 30% of the back wages, but the respondent -workman was entitled to payments under Section 17B of the Industrial Disputes Act. Further, as per the terms of the settlement, the reinstatement was to be counted for the purpose of service benefit including pension, gratuity and seniority and an order to this effect was also passed on 14th August, 2007 clarifying that in case the respondent -workman has any grievance, he could take up the issue with the competent authority.