PRAVEEN KUMAR Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THE petitioner being the workman in this writ petition seeks to challenge an order dated 16. 04. 2008 passed by the Labour Court dismissing his application under Section 33-C (2 ).

(2.) BRIEFLY stated the facts of the case relevant for the disposal of this writ petition are that the petitioner was removed from the service of the respondent (DTC) w. e. f. 28. 10. 1992. It is an admitted case of both the parties that the respondent management was required to obtain approval of the Labour Court for removal of the petitioner from its service under Section 33 (2) (b) because at the time of removal of the petitioner from the service of the respondent, an earlier industrial dispute was pending adjudication before the Labour Court. In fact, the respondent filed an application under Section 33 (2) (b) before the labour Court for approval of removal of the petitioner from its service. This application of the respondent under Section 33 (2 (b) was dismissed for non-prosecution vide order dated 16. 12. 1994. An application for restoration of the approval application filed by the respondent was dismissed by the Labour Court vide its order dated 27. 03. 1995. The necessary consequence of dismissal of respondent's application under Section 33 (2) (b) was that the petitioner was deemed to have continued in the employment of the respondent in view of the judgment of the Hon'ble Supreme Court in jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. Vs. Ram Gopal Sharma and Others reported as (2002) 2 SSC 244.

(3.) CONSEQUENT thereto, the petitioner was reinstated in service of the respondent w. e. f. 24. 09. 2003. In fact, the respondent vide its letter Exhibit rw-1/1 also paid an amount of Rs. 5,61,087/- to the petitioner vide cheque No. 765627 dated 15. 02. 2005 being the amount due to the petitioner on account of salary between the date of his removal and the date of his reinstatement.