DELHI TRANSPORT CORPORATION Vs. VIDYAWATI

JUDGEMENT

(1.) BY way of this petition the petitioner DTC seeks issuance of writ and directions in the nature of mandamus to quash the award dated july 10, 1998 passed by the learned Labour court.

(2.) THE brief facts relevant for deciding the present case are as under: the deceased workman was an ex-serviceman and served the Indian Army for 19 years. He joined DTC as a driver on november 24, 1981 and his badge No. was 10504 and P. I. No. was 21278. He suffered heart attack in the course of his employment with the dtc and after recovering from the said attack he was recommended by the doctors, both at military Hospital and Dr. Ram Manohar Lohia hospital where he was treated that he should be given light duty. The said certificates were presented before the Management and the management of DTC advised him to appear before the Medical Board of DTC. The Medical board advised the Management of DTC to give him light duty but the Management did not give him light duty. He requested the Management to protect his pay scale and to give him any light duty in the equivalent rank but instead of giving him light duty, his services were terminated by taking recourse to Clause 14 (1) (c) and (b) of regulations of 1952 without giving opportunity of being heard. Assailing the said termination order an industrial dispute was raised by the workman and upon reference being made by the secretary, Labour Department an award dated october 7, 1998 was passed by the Labour court directing reinstatement with full back wages and continuity of service. Aggrieved with the said award, present petition has been preferred by the Management DTC.

(3.) MR. Uday Tiwari counsel for the petitioner contended that the present case is completely covered by the decision of the Apex court in the matter of DTC v. Prakash Chand in civil Appeal No. 7110-7111/2004 dated April 18, 2006 and the said judgment has been followed by this Court in its various decisions and thus, the ratio of the said judgment should be applied in the instant case as well. In support of this contention the counsel relied on the decisions of the Division Bench of this Court in dtc v. Om Prakash in LPA No. 14/2004 dated december 19, 2006 and in Ram Dutt v. DTC in lpa No. 156/2001 dated August 17, 2006 and on the decision of the single judge of this Court in Ram Kishan v. DTC in WPC No. 15176/2006 dated October 16, 2006.