RAGHUBIR SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THE petitioner has challenged the award dated 22nd May, 2006 passed by the Industrial Tribunal-II in ID No. 11/2004 in case titled Delhi transport Corporation v. Shri Raghubir Singh. By virtue of which the learned Tribunal instead of directing reinstatement and payment of back wages had granted a onetime lump sum compensation of Rs. 15,000/-

(2.) I have heard the learned counsel for the parties and perused the record. The learned counsel fo the petitioner has contended that the quantum of compensation which has been awarded to the petitioner/driver in the instant case is grossly inadequate, keeping in view the fact that the petitioner has rendered approximately four years of service and the fact that in case he would have been directed to be reinstated then he would have continuously worked for a long period of time till the age of superannuation. It has also been urged by the learned counsel for the petitioner that the petitioner has not been given litigation expenses for conducting the matter both before the Conciliation Officer and then before the Labour Court as well.

(3.) AS against this, the learned counsel for the respondent/dtc has contended that the total quantum of service which has been put by the petitioner as a driver with the respondent/dtc was 3 years out of which for 1 years he had worked as on retainer basis which practically means on daily wage basis. In this system, as and when his services would be requisitioned, he would be paid his wages. Thereafter, he was converted on a monthly basis and put on probation and for this purpose during probation he worked for approximately two years, however, even during this short tenure of 3 years the conduct of the petitioner/driver was not befitting that of a driver on account of the fact that he frequently indulged in absenteeism on several occasions because of which the functioning of the public transport system was jeopardized.